Probate Theory

Probate Theory is an application that contains a collection of theories about ratification in law. Lots of us have heard the term "probate," but have a shaky understanding of just what it means. So here is the quick version: Probate is the court-supervised process of gathering a deceased person's assets, paying debts and taxes, and distributing what's left to the people who inherit it. Literally, the word comes from the Latin for "to prove," because a central part of many probates is proving that the will is valid. But a probate proceeding can occur whether or not there's a will.

The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. A probate court decides the legal validity of a testator's (deceased person's) will and grants its approval, also known as granting probate, to the executor. The probated will then becomes a legal instrument that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator's assets in the manner specified in the testator's will. However, through the probate process, a will may be contested.

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