PROBATE OR PROVE


Probate is the legal process of establishing the validity of a will of a deceased person.

The process involves proving before a competent judicial authority that a document offered for official recognition and registration as the last will and testament of a deceased person is genuine. Broadly, a valid will is one that is in writing, signed by a testator with capacity, and witnessed. A properly executed will remains in force unless it is effectively revoked or replaced. A will may also be altered with a “codicil”.

Any individual in possession of a valid will must turn it over to the executor or file it with the probate court within a certain time after the decedent’s death, even if there will be no probate proceedings. Most probate courts have specific procedures for proving the existence and the terms of a lost will. This may involve introducing witnesses who signed the will and had knowledge of what the will said, or other evidence regarding the validity and contents of the will. An experienced probate attorney may be helpful in this situation.

In summary, probate is the legal process of establishing the validity of a will of a deceased person. The process involves proving before a competent judicial authority that a document offered for official recognition and registration as the last will and testament of a deceased person is genuine. Any individual in possession of a valid will must turn it over to the executor or file it with the probate court within a certain time after the decedent’s death, even if there will be no probate proceedings. Most probate courts have specific procedures for proving the existence and the terms of a lost will.


MORE REAL ESTATE TERMS

A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z

Featured New Home

Featured New Home

Featured Mortgage Brokers