What is probate?

A certificate granted by the family division of the high court of justice proving the validity of a will and proving its registration and administration.

At death, your will goes through probate. Probate simply means the process by which your last will is determined to be your final disposition statement and which confirms the appointment of the person or institution you have named to administer your estate.

The term "probate" is also used in the larger sense of probating your estate. In this sense, probate means the process by which assets are gathered, applied to pay debts, taxes and expenses of administration, and distributed to those designated as beneficiaries in the will.

(In some locations, the Probate Court also handles conservatorships name changes, adoptions, temporary custody, and removal of parental rights. However, though this takes place in the same Court, these other items are not generally included when a person talks of 'going through probate'.)

First answer by Estate1. Last edit by ESanderson. Contributor trust: 36 [recommend contributor]. Question popularity: 9 [recommend question]

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