Legal Definition and Related Resources of Probate

Literally the term means related to proof ‘. The judicial process whereby a will is adjudged valid and ordered to be recorded. The term is broad enough to include the contest of a will and proceedings to set aside the probate of a will. The procedure for probate is governed by statutes. As a general rule, a will, in order to be effective to prove a transfer of any property or to nominate an executor , must be probated. See §3-102 of U.P.C.. Also, Ellis v Davis, 109 U.S. 485, 3 S.Ct. 327, 27 L.Ed. 1006

verb

• adjudge the validity of a will
• adjudicate the validity of a will
• authenticate a will
• certify a will
• confirm the validity of a will
• establish the authenticity of a will
• establish the genuineness of a will
• establish the validity of a will
• prove the validity of a will
• substantiate
• validate a will
• verify a testament
• Associated Concepts: probate a will
• probate court
• probate proceeding

noun

• authentication of a will
• authentication proceeding
• judicial validation of a will
• proof of the validity of a will
• proof of the will
• validation of a testament
• validity proceedings
• will validation proceeding
• will verification proceeding

Browse or run a search for Probate in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Probate in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Probate in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Probate in the Legal Abbreviations and Acronyms Dictionary.

You might be also interested in these legal terms:

Mentioned in these terms

Administration, Letters Of, Contentious, Executor, Guardian, Heir, Heiress, Judgment, Lease, Letters Of Administration, Liability, Proof, Propound, Doctrine Of Relation, Residue, Retraction, Revendication, Script.

Meaning of Probate in Spanish

Description/ translation of probate into Spanish: (in the law of the United States/ en el derecho de los Estados Unidos) nombre que se da en algunos estados de la unión al tribunal de segunda instancia[1]

Note: for more information on related terms and on the area of law where probate belongs (criminal procedure law), in Spanish, see here.

Notes and References

1. Translation of Probate published by Antonio Peñaranda

Resources

See Also

Meaning of Probate in the U.S. Legal System

Definition of Probate published by the National Association for Court Management: The court-supervised process by which a will is determined to be the willmaker’s final statement regarding how the will-maker wants his or her property distributed. It also confirms the appointment of the personal representative of the estate. Probate also means the process by which assets are gathered; applied to pay debts, taxes, and expenses of administration; and distributed to those designated as beneficiaries in the will.

Concept of Probate in the context of Real Property

A short definition of Probate: Originally, the proving that a will was valid. Modernly, any action over which probate court has jurisdiction.

Probate is the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will.

Concept of Probate in the context of Real Property

A short definition of Probate: Originally, the proving that a will was valid. Modernly, any action over which probate court has jurisdiction.

Probate is the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will.