PROBATE
probate (proh-bayt), n. 1. The judicial procedure by which a testamentary document is established to be a valid will; the proving of a will to the satisfaction of the court. • Unless set aside, the probate of a will is conclusive upon the parties to the proceedings (and others who had notice of them) on all questions of testamentary capacity, the absence of fraud or undue influence, and due execution of the will. But probate does not preclude inquiry into the validity of the will’s provisions or on their proper construction or legal effect. — Also termed proof of will. [Cases: Wills 203–434. C.J.S. Wills §§ 52, 445–605, 607–818, 2026–2038, 2057–2062.]
independent probate. See informal probate.
informal probate. Probate designed to operate with minimal input and supervision of the probate court. • Most modern probate codes encourage this type of administration, with an independent personal representative. — Also termed independent probate. Cf. independent executor under EXECUTOR. [Cases: Executors and Administrators 3(1). C.J.S. Executors and Administrators §§ 7, 9–10.]
probate in common form. Probate granted in the registry, without any formal procedure in court, on the executor’s ex parte application. • The judgment is subject to being reopened by a party who has not been given notice. [Cases: Wills 213. C.J.S. Wills §§ 472–473.]
probate in solemn form. Probate granted in open court, as a final decree, when all interested parties have been given notice. • The judgment is final for all parties who have had notice of the proceeding, unless a later will is discovered. [Cases: Wills 214. C.J.S. Wills §§ 472–473.]
small-estate probate. An informal procedure for administering small estates, less structured than the normal process and usu. not requiring the assistance of an attorney.
- Loosely, a personal representative’s actions in handling a decedent’s estate. 3. Loosely, all the subjects over which probate courts have jurisdiction. 4.Archaic. A nonresident plaintiff’s proof of a debt by swearing before a notary public or other officer that the debt is correct, just, and due, and by having the notary attach a jurat.
probate, vb. 1. To admit (a will) to proof. 2. To administer (a decedent’s estate). 3. To grant
probation to (a criminal); to reduce (a sentence) by means of probation.
[Blacks Law 8th]