probate

PROH-beyt /ˈproʊbeɪt/
nounverbC1GRELSATUPSC
legalprofessional

The official proving of a will as authentic and valid in a court of law; the legal process of administering a deceased person's estate.

Can refer to the court that handles these matters (Probate Court), the process itself, or the action of submitting a will for validation.

The story behind the word. From the Latin 'probare', meaning to test or prove. When a will goes through probate, it is literally being 'tested' by the court to prove that it is genuine, signed voluntarily, and is indeed the final statement of the deceased.

Word relationships

  • validation: A general term for proving something true, whereas probate is specifically the judicial validation of a will.

Commonly confused with

  • probation: Probation is a period of supervision for an offender, while probate is the legal process of validating a will.

Word family

  • probative (adjective): Affording proof or evidence.

Collocations

  • probate court
  • go through probate
  • probate process
  • probate a will

Example sentences

  • "Without a trust, the family's assets had to go through probate, a public process that took nearly eighteen months to resolve." An article warning about the delays of the legal system.
  • "The attorney will probate the will in the county court where the decedent resided at the time of death." A legal instruction regarding the validation of a will.

Memory hook

Think of 'probate' as a legal 'probe' (investigation) to prove that the will is genuine and not a fake. Probate probes and proves the will.

When not to use

Do not use to describe the distribution of assets that bypass the court system entirely, such as joint bank accounts or living trusts.

Fun facts

  • In the UK, probate records dating back to 1858 are entirely public, meaning anyone can search online to see what famous historical figures left behind in their wills.

Related words

testator, executor, intestate

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