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Probate
Related Category: Legal Terms and Concepts
(pr´bt), in law, the certification by a court that a will is valid.

 


Probate at Legal Glossary What is it? The court process following a persons death that includes proving the authenticity of the deceased persons will appointing someone to handle the deceased persons affairs identifying and inventorying the ...

Probate definition:
The formal certificate given by a court that certifies that a will has been proven, validated and registered and which, from that point on, gives the executor the legal authority to execute the will.

Probate Estate: Estate property that may be disposed of by a will. (See estate.) ...

Probate
It is a process of proving the genuineness and validity of the will in the court generally known as probate court.

Probate: A court procedure used for settling the personal and business affairs of a decedent. The procedure includes proving the validity of a will, transferring property to beneficiaries, and appointing an administrator if there is no valid will.

Uniform Probate Code
Law Encyclopedia:
Uniform Probate Code
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Expanded Legal Definition of EstateEstate Law That part of the law which regulates wills, probate and other subjects related to the distribution of a deceased person's property.

Probate - Court proceeding by which a will is proved valid or invalid.

Probate: The court-supervised process by which a will is determined to be the will-maker's final statement regarding how the will-maker wants his or her property distributed.

Probate - The legal process of establishing the validity of a will and settling an estate.
Proceeding - Any hearing or court appearance related to the adjudication of a case.

Probate - determining the validity of a will.
Probation - alternative to imprisonment. Conditions of freedom for offender in compliance with restrictions or requirements.
Prosecutors - Same as District Attorneys.

probate: the act or process of proving a will, or in general the legal process of settlement of a decedent's estate through the court process.

Probate
the area of law dealing with the validity of wills, administration of estates and sometimes over the affairs of minors and persons adjudged incompetent.
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Probate
When a person dies their estate (money, property and possessions) has to be deal with by collecting in all monies, paying any debts and distributing what is left to those people legally entitled to it.

Probate/Probate Court: A court with limited authority to hear certain kinds of cases, such as adoption, guardianship, mental health commitments. Not a part of the Superior Court system.

PROBATE: The legal process in which a court oversees the distribution of property left in a will.

probate - The process of proving the validity of a will.
probation - A sentence releasing a convicted criminal into the community or a treatment facility under the supervision of a probation officer, ...

probate The formal judicial procedure for proving the validity of a will and distributing the decedent's estate to those who are entitled to it.

probate
1) n. the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will.

Probate estate
Definition
: all of a deceased person's estate that is administered under the jurisdiction of the probate court ...

probate - proximate cause - In a civil tort action such as a medical malpractice suit, the plaintiff must show that an act or omission of the defendant was a proximate cause of the plaintiff's injury or loss.

A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are necessary if the deceased person owned real estate in another state.

The probate court shall have jurisdiction in probate and testa-mentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, administrators and guardians, and such jurisdiction in habeas corpus, ...

(Commonly referred to as "letters probate" or "probate".) Certificate of Appointment of Estate Trustee Without a Will Where a person has died without a will, ...

Probate Probate matters are judicial proceedings to determine the rights and interests of persons who may have a claim to assets of a deceased person.

Administrators remained ,on this footing of deputies appointed by the ordinary until the Probate Act 1857 transferred the jurisdiction in administration of the ecclesiastical courts to the new court of probate.

(See also codicil and probate.) Wire-tapping An electronic surveillance device which secretly listens in and records conversations held over a phone line.

Each circuit court has superintending control over the district and probate courts in its circuit.

An irrevocable trust created by a married couple to avoid probate and minimize federal estate tax.

Filing is generally required in bankruptcy matters, probate proceedings, assignments, receiverships and estates of minors and incompetents.

INTERESTED PERSON -- Under the Michigan Revised Probate Code, one of the following: interested party; creditor; surety; any person having a property right in a trust estate or estate of decedent or ward who may be affected by the proceedings, ...

Oyer occurs where the plaintiff in his declaration, or the defendant in his plea, finds it necessary to make profert [production] of a deed, probate, letters of administration, or other instrument under seal, ...

Generally only someone who is party to a contract (e.g. a buyer or seller), has rights and liabilities under the contract.
Probate ...

ELECTIVE SHARE - Refers to probate laws that allow a spouse to take a certain portion of an estate when the other spouse dies, regardless of what was written in the spouse's will.

Estate law A term used by the law to decribe that part of the law which regulates wills, probate and other subjects related to the distribution of a deceased person's "estate".

Claim -A debt owing by a debtor to another person or business. In probate parlance, the term used for debts of the decedent and a procedure that must be followed by a creditor to obtain payment from his estate.

KINDRED
Under some state’s probate codes, all relatives of a deceased person.
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Resumes
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Discharge - The name given to the bankruptcy court's formal discharge of a debtor's debts. In probate, the release of the estate's representative from fiduciary responsibility.
Disclaim - To refuse a gift made in a will.

Ancillary - A proceeding which is auxiliary or subordinate to another proceeding. In probate, a proceeding in a state where a decedent owned property but was not domiciled.

Will
A written and signed statement, made by an individual, which provides for the disposition of their property when they die. (See also codicil and probate.)
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Certain state courts may be authorized to hear only probate cases, for example; the federal courts are authorized to hear diversity cases and federal question cases, among others, but not divorce cases.

Tenancy by the Entirety
A form of ownership by husband and wife whereby each owns the entire property. In event of death of one, the survivor owns the property without probate.

Probate law: That part of the law which regulates wills and other subjects related to the distribution of a deceased person's estate.

See also: Law, Court, Person, Estate, Will