Editing Probate (section)

{{short description|Proving of a will}}
{{distinguish|Probation}}
{{Use dmy dates|date=February 2021}}
{{Wills, trusts, estates}}
In [[Common law|common law jurisdictions]], '''probate''' is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of [[intestacy]] that apply in the jurisdiction where the deceased resided at the time of their death.

The granting of probate is the first step in the [[legal]] process of administering the [[Estate (law)|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 [[Will contest|contested]].<ref>{{cite news |last=Jones |first=Harvey |title=Dealing with probate in 2013 |url=https://www.theguardian.com/money/2013/feb/15/dealing-with-probate-in-2013 |work=The Guardian |date=15 February 2013 |access-date=19 September 2017}}</ref>