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pro⋅bate
[proh-beyt] 
beɪt
noun, adjective, verb, -bat⋅ed, -bat⋅ing.| 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. |
| 3. | of or pertaining to probate or a probate court. |
| 4. | to establish the authenticity or validity of (a will). |
| 5. | Law. to put (an offender) on probation. |
Based on the Random House Dictionary, © Random House, Inc. 2009.
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| pro·bate (prō'bāt') n.
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 probātum, neuter past participle of probāre, to prove; see prove.] |
Copyright © 2009 by Houghton Mifflin Company.
Published by Houghton Mifflin Company. All rights reserved.
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Probate
Pro"bate\, n. [From L. probatus, p. p. of probare to prove. See Prove.]1. Proof. [Obs.] --Skelton. 2. (Law) (a) Official proof; especially, the proof before a competent officer or tribunal that an instrument offered, purporting to be the last will and testament of a person deceased, is indeed his lawful act; the copy of a will proved, under the seal of the Court of Probate, delivered to the executors with a certificate of its having been proved. --Bouvier. --Burrill. (b) The right or jurisdiction of proving wills.Probate
Pro"bate\, a. Of or belonging to a probate, or court of probate; as, a probate record. Probate Court, or Court of Probate, a court for the probate of wills. Probate duty, a government tax on property passing by will. [Eng.]Probate
Pro"bate\, v. t. To obtain the official approval of, as of an instrument purporting to be the last will and testament; as, the executor has probated the will.Cite This Source
probate (n.)
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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.
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See also: Estate, Estate Planning, Estate Tax, Intestate, Will
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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.
Copyright © 2003. Published by Houghton Mifflin.
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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
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
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