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Wills • Execution of Wills
WILLS#005
Legal Definition
Probate is the term for a 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.
Plain English Explanation
The word "probate" comes from the Latin words probatum (which means "something proved") and probare (which means "to test or prove"). In other words, "probate" is the legal processes of assessing and proving the genuineness of a will.
It exists because the person who created the will is dead and no longer available to double-check whether the document being examined is accurate or not. Ideally, the will provides clear direction to the court that enables them to easily determine who gets what. Probate is also the time when the court tries to make sure the dead person's debts are taken care with whatever property or valuables the dead person left behind.
It exists because the person who created the will is dead and no longer available to double-check whether the document being examined is accurate or not. Ideally, the will provides clear direction to the court that enables them to easily determine who gets what. Probate is also the time when the court tries to make sure the dead person's debts are taken care with whatever property or valuables the dead person left behind.
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Related Concepts
In California, what are the requirements for a will to be admitted to probate?
What are the requirements of a formal attested will?
What is a conditional will and when is it probated?
What is a holographic will and what are its requirements to be valid?
What is an interested witness?
What is the consequence of having an interested witness?
What is the harmless error doctrine and what wills does it apply to?
