Probate: Difference between revisions - Wikipedia


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In [[common law jurisdictions]], '''probate''' is the judicial procedure where a will is "proved" in court and recognized as a valid public document representing the deceased's true last testament. Alternatively, if there is no legal will, the estate is settled according to the [[intestacy]] laws of the deceased's state of residence at the time of death.

The granting of probate is the initial step in the [[Law|legal]] process of managing a deceased person's estate, addressing all claims, and distributing the deceased's property under a will. A [[probate court]] determines the legal validity of a deceased person's will and grants approval, known as granting probate, to the executor. The probated will then become a [[legal instrument]] that the [[executor]] can enforce in court if needed. Probate also officially appoints the executor (or [[personal representative]]), usually named in the will, with the legal authority to distribute the deceased's assets as specified in the will. However, a will can be contested during the probate process.<ref>{{cite news|last1=JonesBaker|first1=HarveyJereme|title=DealingBest withProbate probateLawyer in 2013Colorado|url=https://www.theguardianjbakerlawgroup.com/money/2013/feb/15/dealing-withcolorado-probate-in-2013lawyer/|access-date=19 September 20172024-07-02|work=TheBaker GuardianLaw Group|date=15 February 20132024-07-02}}</ref>

==Terminology==