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'''Probate''' is a legal proceeding by which a [[will (legal document)|will]] is determined ("proved") whether or not to truly be the intention of a deceased person (the '''testator''').
'''Probate''' is a legal proceeding by which a [[will (legal document)|will]] is determined ("proved") whether or not to truly be the intention of a deceased person (the '''testator'''). It is also involved if a person died '''intestate''' (without a will, or if a will is proven invalid).
Upon the death of the person, either the '''executor''' of the estate (the person specifically named to handle the estate's affairs) or a potential heir petitions the '''probate court''' to determine the will's validity.<ref>The probate court may be a separate court handling only these or related affairs, such as guardianships or involuntary confinement to mental hospitals, or part of another court's normal jurisdiction. Probate matters are handled at the state level.</ref> Depending on the size and shape of the estate, and potential challenges to the will, the probate hearing could conclude in minutes or take years.
Upon the death of the person, either the '''executor''' of the estate (the person specifically named to handle the estate's affairs) or a potential heir petitions the '''probate court''' to determine the will's validity.<ref>The probate court may be a separate court handling only these or related affairs, such as guardianships or involuntary confinement to mental hospitals, or part of another court's normal jurisdiction. Probate matters are handled at the state level.</ref> Depending on the size and shape of the estate, and potential challenges to the will, the probate hearing could conclude in minutes or take years.
Once the hearing is concluded the property is given to the heirs either under the terms of the will, or as the court may otherwise direct if the will is proven invalid in whole or in part.
Once the hearing is concluded the property is given to the heirs either under the terms of the will, or as the court may otherwise direct if the will is proven invalid in whole or in part.
==References==
{{reflist}}
[[Category:Legal Terms]]
[[Category:Legal Terms]]