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Related to Probate law: probate will, Probate estate


The process by which a will is authenticated and carried out. That is, probate ensures that the will is in fact the decedent's final wishes and that everyone is receiving what they ought to receive. The executor of the estate usually handles probate, but his/her actions can be challenged in probate court. Some property, notably property co-owned with a spouse, is exempt from probate.


The proof that a will is valid and that its terms are being carried out. Probate is accomplished by an executor/executrix who is paid a fee based on the size of the estate that passes through the will. Certain trusts and jointly owned property pass to beneficiaries without being subject to probate and the attendant fee. See also nonprobate property.


Probate is the process of authenticating, or verifying, your will so that your executor can carry out the wishes you expressed in the document for settling your estate and appointing a guardian for your minor children.

While the probate process can run smoothly if everything is in order, it can also take a long time and cost a great deal of money if your will isn't legally acceptable or it's contested by potential beneficiaries who object to its terms.

If you die without a will, the same court that handles probate resolves what happens to your assets based on the laws of the state where you live through a process known as administration. The larger or more complex your estate is, the greater the potential for delay and expense.


To prove the validity of a will. Probate courts generally oversee decedents' estates, the payment of bills,and the distribution of assets.Some states have exemptions for small estates,which may avoid probate.Other states have no exemptions.Probate will need to be opened in every state in which a decedent owns assets,including real estate,unless there is a specific state exemption.

References in periodicals archive ?
This Note examined several approaches to granting these rights, and while none is ideal, each furthers probate law objectives, especially the fulfillment of a decedent's donative intent.
If studies indicate that we metaprefer who decides to what is decided, then the probate law model should win the day.
The comparative law topics will include: perspectives on criminal law, civil litigation, family law, real property and probate law, international law, legal education and newer lawyers, the courts and the judiciary, and law practice management.
She said: "The probate lawyer you choose should be experienced in handling all aspects of probate law and contentious probate litigation.
The Probate Law Committee of the Real Property, Probate and Trust Law Section of The Florida Bar had substantial responsibility for the recent revision of the Florida Probate Code.
As Wynn at Law, LLC continues to successfully handle bankruptcy, real estate, and probate law cases, one can look forward to new convenient locations that expand services to more Southeastern Wisconsin residents.
My focus has always been on relevance and we need to be developing more programmes that play to the strengths of the employment market," said Ms Evans, who has practised in property, family and probate law.
I did probate law as a private practitioner, and I edit all the probate, guardianship, and trust manuals, and have for many, many years.