Probate

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Probate

Probate (/ˈproʊbeɪt/) is the legal process in which a will is reviewed to determine whether it is valid and authentic. Probate also refers to the general administering of a deceased person's will or the estate of a deceased person without a will.

Etymology

The term probate comes from the Latin word 'probare', which means to prove, test, or examine.

Process

The process of probate often includes, courts supervising the process to ensure the will is valid and the property gets distributed the way the deceased wanted. It involves tasks like proving in court that a deceased person's will is valid (usually a routine matter), identifying and inventorying the deceased person's property, having the property appraised, paying debts and taxes, and distributing the remaining property as the will (or state law, if there's no will) directs.

Related Terms

  • Executor: An individual appointed to administrate the estate of a deceased person. The executor's main duty is to carry out the instructions and wishes of the deceased.
  • Will: A legal document that communicates a person's final wishes, as pertaining to possessions and dependents.
  • Estate: The net worth of a person at any point in time alive or dead. It is the sum of a person's assets – legal rights, interests and entitlements to property of any kind – less all liabilities at that time.
  • Inheritance: The practice of passing on property, titles, debts, rights, and obligations upon the death of an individual.

See Also

External links

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