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LSDefine
Simple English definitions for legal terms
probate
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A quick definition of probate:
Probate: A legal process where a court decides if a will is valid. Once the court approves the will, it is considered final and cannot be changed. However, people can still question if the will is fair or if it was made properly.
A more thorough explanation:
Probate is a legal process that determines if a will is valid. It is a court procedure that confirms the authenticity of a will and ensures that it is executed according to the wishes of the deceased person.
For example, if someone dies and leaves a will, the probate court will review the document to make sure it meets all legal requirements. The court will also ensure that the will was executed properly and that the deceased person was of sound mind when they created it.
Once the court confirms the validity of the will, it will appoint an executor to manage the deceased person's estate. The executor will be responsible for distributing the assets according to the terms of the will.
Probate can be a lengthy and expensive process, and it is not always necessary. For example, if the deceased person had a small estate or if their assets were held in a trust, probate may not be required.