Probate

The court process by which a WILL is proved valid or invalid. The legal process wherein the estate of a decedent is administered.

When a person dies, his or her estate must go through probate, which is a process overseen by a probate court. If the decedent leaves a will directing how his or her property should be distributed after death, the probate court must determine if it should be admitted to probate and given legal effect. If the decedent dies intestate—without leaving a will—the court appoints a PERSONAL REPRESENTATIVE to distribute the decedent's property according to the laws of DESCENT AND DISTRIBUTION. These laws direct the distribution of assets based on hereditary...

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