probate

1 of 2

noun

pro·​bate ˈprō-ˌbāt 

 British also  -bit

1

a

: the action or process of proving before a competent judicial authority that a document offered for official recognition and registration as the last will and testament of a deceased person is genuine

broadly : the process of administering an estate

b

: the judicial determination of the validity of a will

2

: the officially authenticated copy of a probated will

3

a

: a court with jurisdiction over determination of the validity of wills and administration of estates and sometimes matters involving minors or adults judged incompetent : probate court

filed a petition in probate

b

: legal matters that fall under the jurisdiction of a probate court

a law practice limited to probate

probate

2 of 2

verb

pro·​bate ˈprō-ˌbāt 

probated; probating

transitive verb

1

: to establish (a will) by probate as genuine and valid

2

: to put (a convicted offender) on probation

Did you know?

Ever since people have written wills, those wills have had to be proven genuine by a judge. Without a probate process, greedy acquaintances or relatives could write up a fake will stating that all the person's wealth belonged to them. To establish a will as genuine, it must generally be witnessed and stamped by someone officially licensed to do so (though wills have sometimes been approved even when they were just written on a piece of scrap paper, with no witnesses). Today we use probate more broadly to mean everything that's handled in probate court, a special court that oversees the handling of estates (the money and property left when someone dies), making sure that everyone eventually receives what is properly theirs.

Examples of probate in a Sentence

Noun

Her will was offered for probate by the relatives.

The case will now go to probate.

Verb

The court will probate the will.

Recent Examples on the Web

Noun

With the rise in the use of revocable living trusts in estate planning, trustees often step into the role of Executor if the probate estate is insufficient to cover all claims. —Matthew F. Erskine, Forbes, 11 Sep. 2024

The trust is irrevocable but a Nevada probate commissioner previously found that there’s an opening for it to be altered it if the elder Murdoch is acting in good faith and seeking change for the benefit of all heirs. —Dominic Patten, Deadline, 12 Sep. 2024

Verb

However, having a will still subjects many assets to probate. —Cicely Jones, Forbes, 8 Oct. 2024

She was introduced to probate work by him and has practiced in that area for years, helping with the estate of the late Rosa Parks, some Motown artists and others in Wayne County. —Staff, Detroit Free Press, 21 Sep. 2024

Word History

Etymology

Noun

Middle English probat, from Latin probatum, neuter of probatus, past participle of probare

First Known Use

Noun

15th century, in the meaning defined at sense 1a

Verb

1570, in the meaning defined at sense 1

Phrases Containing probate

• probate court

Kids Definition

probate

1 of 2 noun

pro·​bate ˈprō-ˌbāt 

1

: proof before a probate court that the will of a deceased person is genuine

2

: judicial determination of the legal force of a will

probate

2 of 2 verb

probated; probating

: to establish by probate as genuine and as having legal force

Legal Definition

probate

1 of 2 noun

pro·​bate ˈprō-ˌbāt 

1

a

: the process of proving in a court of competent jurisdiction (as a probate court) that an instrument is the valid last will and testament of a deceased person

broadly : the process of administering an estate

b

: the judicial determination that a will is valid

2

: the officially authenticated copy of a probated will

3

a

: probate court

b

: matters that fall under the jurisdiction of a probate court

probate

2 of 2 transitive verb

probated; probating

1

: to establish (a will) as valid through probate

2

a

: to put (a convicted offender) on probation

b

: to replace (a sentence) with probation

Etymology

Noun

Latin probatum, neuter of probatus, past participle of probare to test, approve, prove