Definition of probate in English:

probate

noun

  • 1The official proving of a will.

    ‘the will was in probate’
    [as modifier] ‘a probate court’
    • ‘No, I am worried about the law of probate at the moment.’
    • ‘Therefore, if you were to pass away unexpectedly, the business might get stuck in probate court.’
    • ‘‘The most popular of these courses tend to be in the mainstream practice areas of residential and commercial conveyancing, probate and litigation,’ he said.’
    • ‘Because a claim like that has to be brought within six months from the date of grant of probate.’
    • ‘I think most probate fees are progressive like succession fees and death duties used to be.’
    • ‘Careful planning makes it possible to avoid conflicts between co-owners and heirs, provide liquidity to heirs, maximize the practice's value and avoid probate.’
    • ‘The value of your estate for probate purposes includes the value of any real property less any mortgages on that property.’
    • ‘Each year millions of dollars are spent on soaring attorney and court fees associated with probate proceedings upon the death of a loved one.’
    • ‘Dunagan notes that assets transferred in a trust are immediately available to his heirs, saving them the time and expense of probate court.’
    • ‘A $20 million scam that involved a forged grant of administration from the High Court probate office has been reported to the Garda Bureau of Fraud Investigation.’
    • ‘Finally there were courts administering family and probate matters, which had inherited their jurisdiction from the ecclesiastical courts, and the Court of Admiralty.’
    • ‘A solicitor taking out probate is not bound to do everything in his own person.’
    • ‘Our Client Guide in Probate Matters also explains the way in which we charge for probate work.’
    • ‘I do not accept that a rate ascertained in that way is a fair measure for a solicitor's hourly rate in dealing with a quite complicated probate matter.’
    • ‘Holding all the assets through an offshore company will greatly simplify this process, as the executors then only have to prove probate in the jurisdiction where the company was based.’
    • ‘This was settled late last year and agreement was made in probate court.’
    • ‘Her estate was sworn for probate at £1.285 million net with the house and furniture being valued at £435,000.’
    • ‘The original owners passed away and the children have been fighting each other in probate court over who was going to get the house.’
    • ‘The couple's plan includes two irrevocable trusts that will prevent nearly $2 million in combined assets from being challenged in probate court.’
    • ‘His Honour indicated that the Court would be prepared to grant probate if the applicant produced the original of the will for citing and copying.’
    1. 1.1 A verified copy of a will with a certificate as handed to the executors.
      • ‘Wills, probates, property and tax records are also valuable sources of information.’
      • ‘For instance, if a decedent was married at the time of death, the spouse will likely start the probate alone.’
      • ‘A copy of the probate certificate was e-mailed last week to an American in Hyattsville, Maryland.’
      • ‘Oddly, the reply refers to only 12 probates from San Francisco, in contrast to the ‘few hundred’ he claimed to have examined when Seckora interviewed him.’
      • ‘In the Judson family files there is a copy of the probate inventory for Abner's father, also named Abner, taken in 1775.’
      • ‘Such tours will offer commentary and interpretation, so that a document such as a probate inventory, for example, will reveal to students the sorts of things it has revealed to historians.’
      • ‘While a spousal property petition avoids the larger cost and delay of the administration of a full probate, it still results in an increased cost and delay to the surviving spouse.’
      • ‘There will be workshops each day and talks on a variety of subjects, including how to research your family history online, how to use the Census, service records, wills and probates.’
      • ‘Hood draws upon probates, tax records, account books, newspaper ads, tax records and other government records in a study that contributes to social and family history as well as economic history and the history of technology.’

verb

[WITH OBJECT]North American
  • Establish the validity of (a will)

    • ‘Wills were obtained from the British Columbia Archives in Victoria and selected by the order in which they were probated on two microfilm rolls.’
    • ‘Upon his death, his will would get probated, and you would become the owner of the home.’
    • ‘Can the draft version be probated after my death just like the original, or do I need to get a new will?’
    • ‘Even if it were completely destroyed in the mishap, the copy could be probated in its place.’
    • ‘Samuel's brother, Amos, whose estate was probated in 1798, certainly owned equipment to suggest he was in a position to produce surpluses for the market.’
    • ‘When Peter Manigault died in 1773 he left his children the largest estate probated in the mainland colonies on the eve of the American Revolution.’
    • ‘You will either need to conduct a normal probate, commonly known as an independent administration, or you might be able to conduct a simplified form of probate called probating the will as a muniment of title.’
    • ‘He died, and when his will was probated, the sisters discovered that he had left to the Missoula mission $185 in cash, four horses, and other objects of value.’
    • ‘If you have a will that needs to be probated, your executor will need to state your age at death in the application for probate.’
    • ‘For instance, one or both of your parents' estates may need to be probated, estate and inheritance taxes may need to be paid, the property may be subject to a mortgage, there may be title issues, or your brother may have a judgment against him.’
    • ‘Before they do, though, they may try to collect by sending letters, and if your estate is probated, they may file claims in court or even sue your estate.’
    • ‘Your mother's will should be probated if you can't otherwise gain control of her property.’
    • ‘Will the bonds have to be probated along with the rest of my estate upon my death?’
    • ‘If the original of your will can't be located after your death, the copy can be probated as long as your brother can prove to the court you did not revoke it.’
    • ‘But courts have not been as forgiving when the beneficiaries had agreed not to probate and then decided more than four years later that the will should be probated.’
    • ‘However, when a will is probated as a muniment of title, inventories are not filed.’
    • ‘The will, probated in Sweden, survived the predictable contest from unhappy relatives, but there were other problems.’
    • ‘Unlike the property listed in your will, the property in a trust is not probated, so it passes directly to your inheritors.’
    • ‘They would also avoid most or all of the other complications that come with probating a person's estate.’
    • ‘Since then, half of them have died and none have had their estates probated.’

Origin

Late Middle English: from Latin probatum something proved neuter past participle of probare to test, prove.

Pronunciation:

probate

/ˈprōˌbāt/