1 probate | Definition of probate

probate

noun
pro·​bate | \ ˈprō-ˌbāt How to pronounce probate (audio) , British also -bit\

Definition of probate

 (Entry 1 of 2)

1a : 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
3a : 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

verb
pro·​bate | \ ˈprō-ˌbāt How to pronounce probate (audio) \
probated; probating

Definition of probate (Entry 2 of 2)

transitive verb

1 : to establish (a will) by probate as genuine and valid
2 : to put (a convicted offender) on probation

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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.
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Recent Examples on the Web: Noun

The Pima County Superior Court showed a 1985 probate case for the estate of Gary Brazil. AZCentral.com, "Don Bolles files: The case of Skippy Brazil, the drug informant who was set on fire," 28 Aug. 2019 The circumstances of their relationship drew the interest of a probate judge and the county's senior services workers. Keith Schubert, Milwaukee Journal Sentinel, "Was it elder abuse or compassion for a stranger? Judge sentences man who took over elderly neighbor's home," 25 July 2019 Epstein's testamentary capacity — meaning a person's mental ability make a valid will or estate — will likely be determined by a probate judge. Brian Pascus, CBS News, "What we know about Jeffrey Epstein's will, and what happens next with his estate," 21 Aug. 2019 Epstein executed a new will just two days before he was found dead in his New York City jail cell this month, according to probate documents obtained by NBC News. NBC News, "Judge schedules hearing for Jeffrey Epstein victims to speak," 21 Aug. 2019 Each executor will receive $250,000 in compensation at the completion of the probate of Epstein’s estate under the terms of the will. Andrew Boryga, sun-sentinel.com, "Jeffrey Epstein signed his will two days before his suicide," 19 Aug. 2019 Testamentary trusts only go into effect upon your death, offering flexibility to designate an heir, though your assets will not necessarily avoid probate. Bruce Helmer And Peg Webb, Twin Cities, "Your Money: Navigating your estate plan," 10 Aug. 2019 After the Civil War, Vincent married the daughter of an Alabama probate judge and newspaper editor, served as Chambers County’s treasurer and was personal secretary to Alabama Gov. George Smith Houston. al, "Alabama treasurer ‘Honest Ike’ stole $200,000 and fled the state in 1883," 7 Aug. 2019 The law firm handling the estate, Taft Stettinius & Hollister, received $160,000 in fees and costs for handling the probate case. Anne Saker, Cincinnati.com, "Neil Armstrong: Mercy Health paid his family $6 million settlement after his death," 23 July 2019

Recent Examples on the Web: Verb

To not probate the estate and not pay the taxes shouldn’t be a reason for special dispensation. Lizzie Presser, ProPublica, "The Reels Brothers Spent Eight Years in Jail for Refusing to Leave It.," 15 July 2019 When an estate is probated, creditors are also prioritized. Holly D. Johnson, chicagotribune.com, "Here’s what happens to credit card debt after death," 9 July 2019 After the wills were discovered in May by Owens, attorneys for Franklin's four sons were unable to resolve the issue and headed to court to determine if the wills are admissible to probate. Nicole Chavez, CNN, "Aretha Franklin's youngest son has filed for control over the late singer's estate," 18 June 2019 The embattled judge, who worked in Northeast Tarrant County, was sentenced to two years in jail that was probated over five years. Anna M. Tinsley, star-telegram, "Democratic runoff loser claims voter fraud in race for Joe Barton's congressional seat," 18 June 2018 Other cases Casey last week was sentenced to two years in jail that was probated over five years. Anna M. Tinsley, star-telegram, "Tarrant County picks replacement for disgraced judge who got probation for rigging election | Fort Worth Star-Telegram," 1 May 2018 After pleading guilty to the state jail felony charge in Judge Wayne Salvant's courtroom, Casey was sentenced to two years in state jail but that sentence was probated over five years. Anna M. Tinsley, star-telegram, "Tarrant County judge pleads guilty, resigns after using fake signatures to get on ballot | Fort Worth Star-Telegram," 23 Apr. 2018

These example sentences are selected automatically from various online news sources to reflect current usage of the word 'probate.' Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us feedback.

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First Known Use of probate

Noun

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

Verb

1570, in the meaning defined at sense 1

History and Etymology for probate

Noun

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

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More Definitions for probate

probate

noun

English Language Learners Definition of probate

 (Entry 1 of 2)

law
: the process of proving in court that the will of a person who has died is valid

probate

verb

English Language Learners Definition of probate (Entry 2 of 2)

US, law : to prove that (a will) is valid before a probate court

probate

noun
pro·​bate | \ ˈprō-ˌbāt How to pronounce probate (audio) \

Legal Definition of probate

 (Entry 1 of 2)

1a : 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
b : matters that fall under the jurisdiction of a probate court