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Probate

The judicial procedure by which a testamentary document is established to be a valid will. 

Unless set aside, the probate of a will is conclusive upon the parties to the proceedings, and others who had notice of the proceedings, on all questions of testamentary capacity, the absence of fraud or undue influence, and due execution of the will.  Probate does not preclude inquiry into the validity of the will's provisions or on their proper construction or legal effect.

Definition from Nolo’s Plain-English Law Dictionary

The court-supervised process following a person's death that includes
  • proving the authenticity of the deceased person's will
  • appointing someone to handle the deceased person's affairs
  • identifying and inventorying the deceased person's property
  • paying debts and taxes
  • identifying heirs, and
  • distributing the deceased person's property according to the will or, if there is no will, according to state law.
Formal probate is a costly, time-consuming process that is best avoided if possible. Most states now offer simplified probate procedures for estates of relatively small value. (See also: administrator, executor, personal representative)

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:22 pm

 

After Roberta's death, a probate court examined her valuable papers and determined that she left no valid will.  Robert was thus found to have died intestate.  Due to this finding of intestacy, the state's laws on intestate succession would determine which of Roberta's heirs could claim title to her house.

At the time of death, Roberta was not married and had no children.  Under the intestacy rules in Roberta's state, "[t]he property of a person who dies ab intestato without a spouse and children shall be transferred to the state, unless heirs can be found from the following list, in which case the first available set of heirs takes the property: parents, siblings of whole blood or their issue, half-siblings or their issue, grandparents, uncles and aunts of the whole blood, uncles and aunts of half blood."

Roberta's nephew inherited her house because he was the sole issue of Roberta's only sibling, who was herself no longer alive at the time of Roberta's death.