probate

Probate is the judicial process by which a court determines that a testamentary document is a valid will. Once admitted to probate, the will is generally conclusive as to the testator’s capacity, the absence of fraud or undue influence, and the due execution of the instrument, for parties to the proceedings and others who had notice.

Probate also refers to the broader court proceedings that supervise the administration of a decedent’s estate. This includes collecting assets, paying debts and taxes, and distributing property to heirs or beneficiaries. Probate does not bar later challenges to the validity of the will’s substantive provisions, or disputes over the proper interpretation or legal effect of its terms.

[Last reviewed in September of 2025 by the Wex Definitions Team]

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