what does probate mean concerning wills?

Answer 1

pro‧bate  /ˈproʊbeɪt/ Pronunciation Key - Show Spelled Pronunciation[proh-beyt] Pronunciation Key - Show IPA Pronunciation noun, adjective, verb, -bat‧ed, -bat‧ing.
–noun
1.Law. the official proving of a will as authentic or valid in a probate court.
2.an officially certified copy of a will so proved.
–adjective
3.of or pertaining to probate or a probate court.
–verb (used with object)
4.to establish the authenticity or validity of (a will).
5.Law. to put (an offender) on probation.
[Origin: 1400–50; late ME probat < L probātum a thing approved, n. use of neut. ptp. of probāre to test and find good; see probe, -ate1]
Dictionary.com Unabridged (v 1.0.1)
Based on the Random House Unabridged Dictionary, © Random House, Inc. 2006.
American Heritage Dictionary - Cite This Source
pro·bate (prbt) Pronunciation Key Audio pronunciation of "probate" [P]
n.

1. The process of legally establishing the validity of a will before a judicial authority.
2. Judicial certification of the validity of a will.
3. An authenticated copy of a will so certified.


tr.v. pro·bat·ed, pro·bat·ing, pro·bates

To establish the validity of (a will) by probate.


adj.

Of or relating to probate or to a probate court: probate law; a probate judge.



[Middle English probat, from Latin probtum, neuter past participle of probre, to prove. See prove.]

(Download Now or Buy the Book)
The American Heritage® Dictionary of the English Language, Fourth Edition
Copyright © 2000 by Houghton Mifflin Company.
Published by Houghton Mifflin Company. All rights reserved.
Investopedia - Cite This Source

Probate

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. The court appoints either an executor named in the will (or an administrator if there is no will) to administer the process of collecting the assets of the deceased person, paying any liabilities remaining on the person's estate and finally distributing the assets of the estate to beneficiaries named in the will or determined as such by the executor.

Investopedia Commentary

Because of the costs of court involvement in the probate process and the potential for involvement of lawyers who collect fees from the estate of the deceased, many people try to minimize costs associated with the probate process. There are tremendous legal and tax complexities in the probate process, so it is advisable to have a will and speak with a lawyer and financial professional in order to insure that your loved ones are not left with the complicated and often messy task of distributing the assets of your estate upon your passing.

Related Links

Three Documents You Shouldn't Do Without
Skipping-Out on Probate Costs
Getting Started On Your Estate Plan

See also: Estate, Estate Planning, Estate Tax, Intestate, Will
Investopedia.com. Copyright © 1999-2005 - All rights reserved. Owned and Operated by Investopedia Inc.
Wallstreet Words - Cite This Source

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.


Wall Street Words: An A to Z Guide to Investment Terms for Today's Investor by David L. Scott.
Copyright © 2003 by Houghton Mifflin Company. Published by Houghton Mifflin Company.
Merriam-Webster's Dictionary of Law - Cite This Source

Main Entry: pro·bate
Pronunciation: 'prO-"bAt
Function: noun
Etymology: Latin probatum, neuter of probatus, past participle of probare to test, approve, prove
1 a : the process of proving in a court of competent jurisdiction (as a probate court) that an instrument is the valid last will and testament of a deceased person; broadly : the process of administering an estate b : the judicial determination that a will is valid
2 : the officially authenticated copy of a probated will
3 a : PROBATE COURT b : matters that fall under the jurisdiction of a probate court
Merriam-Webster's Dictionary of Law, © 1996 Merriam-Webster, Inc.
Merriam-Webster's Dictionary of Law - Cite This Source

Main Entry: probate
Function: transitive verb
Inflected Forms: pro·bat·ed; pro·bat·ing
1 : to establish (a will) as valid through probate
2 a : to put (a convicted offender) on probation b : to replace (a sentence) with probation
Merriam-Webster's Dictionary of Law, © 1996 Merriam-Webster, Inc.
WordNet - Cite This Source

probate

n 1: a judicial certificate saying that a will is genuine and conferring on the executors the power to administer the estate [syn: probate will] 2: the act of proving that an instrument purporting to be a will was signed and executed in accord with legal requirements v 1: put a convicted person on probation by suspending his sentence 2: establish the legal validity of (wills and other documents)
WordNet ® 2.0, © 2003 Princeton University

Answer 2

Probate is the legal process of settling the estate of a deceased person; specifically, distributing the decedent's property.

In some states, after a person residing in that state has died without a valid will or trust, his or her property immediately becomes the property of the spouse, if any, without the need for probate. (This is the case in states that recognize a married couple's property as community property or as tenancy by the entireties.) However, in cases where the surviving spouse does not automatically succeed to the decedent's property, then it is usually necessary to "probate the estate", whether or not the decedent had a valid will. A court having jurisdiction of the decedent's estate (often called a "probate court") supervises probate, in order to ensure the decedent's property is distributed according to the direction of his will and the laws of the state.

See link below for more information

Answer 3

When a person dies leaving a will, that will must be lodged at the Probate Registry, whereupon it becomes a public document. If the executors named in the will apply for probate, then a grant of probate is made in their name, i.e. authority to deal with the estate. Where the persons named as executors are unable or unwilling to act, then other persons (usually close relatives of the deceased) may apply to take out letters of administration to administer the estate. Until this important step has been taken, all the assets of the deceased person are frozen.

If you want to find out more, here is a useful link. http://www.hmcourts-service.gov.uk/cms/wills.htm

Answer 4

Probate is the general term to refer to when discussing wills or intestacy.
The Which Guide to Wills and Probate is probably one the best books to discuss and describe the whole process. All good bookshops have it. So does your local library.
It's a fascinating subject.

Answer 5

Generally an estate goes into probate if there is no will. The judge decides who gets what. Or it could mean the time allowed for someone to contest the will.

Answer 6

Probate is the process that transfers legal title of property from the estate of the person who has died (the "decedent") to his or her proper beneficiaries.

The term "probate" refers to a "proving" of the existence of a valid will, or determining and "proving" who one's legal heirs are if there is no Will. Since the deceased can't take it with him, probate is the process used to determine who gets his or her property

Answer 7

probate is court

Answer 8

"probate" can also be a verb...