probate will
Noun: A formal legal document, issued by a probate court, that officially validates the authenticity of a deceased person's last will and testament. This certificate grants the legal authority to the named executors to manage, distribute, and settle the deceased person's estate (their assets and debts) according to the instructions in the will.
The term "probate will" specifically refers to the court-issued certificate, not the will itself. It is the result of the probate process for a will-based estate. - The executor must file the will with the court to obtain a probate will. - Without a probate will, the executor lacks the legal authority to transfer the deceased's property. - The bank required a certified copy of the probate will before releasing funds from the account.
- Grant of Probate: This is a more precise and common legal term synonymous with "probate will." It refers to the court order granting authority to the executor.
- The solicitor applied for the Grant of Probate to begin administering the estate.
- The concept contrasts with letters of administration, which are granted when a person dies without a valid will (intestate).
- Probate (n/adj): (n) The legal process of proving and registering a will; (adj) Relating to this process (e.g., probate court, probate law).
- Executor (n): The person named in a will to carry out its instructions.
- Estate (n): The total property, assets, and debts left by a person at death.
- Testator (n): A person who makes a will.
- Grant of Probate
- Probate Certificate
- Court-Validated Will
- "Probate will" is a compound noun. The core target word in this entry is the full compound "probate will," which functions as a single legal term.
- It is crucial to distinguish between the (the document expressing wishes) and the (the court's certification of that document).
- a judicial certificate saying that a will is genuine and conferring on the executors the power to administer the estate