Probation of Estate
Legal probate refers to the process of proving the validity of a will. However, the term probate is also used loosely to refer to other estate matters. Those with specific questions about probate should consult an estate attorney.
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Judicial Procedure
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Whenever an individual dies with a will, a probate court must determine whether that will is valid. Validity refers to the fact that the will was properly executed according to applicable state law, that there was no fraud or undue influence exercised upon the will's creator and that the will's creator had legal capacity to create a will.
Estate Administration
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The term "probate" is also used loosely to refer to the process by which the deceased's personal representative administers the estate. The representative's duties include gathering the assets, paying off any of the deceased's debts and then distributing the assets as stipulated in the will.
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Types of Probate
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Formal probate, with full court involvement, can be a costly and extended process. Many states encourage a process known as informal or independent probate, in which the deceased's representative operates with minimal court supervision. Some states also allow a less complicated version of probate for small estates.
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References
Resources
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