Probate

Wills, trusts and estates
Part of the common law series
Wills
Legal history of wills Joint wills and mutual wills Will contract Codicil Holographic will Oral will Sections Attestation clause Residuary clause Incorporation by reference Contest Testamentary capacity Undue influence Insane delusion Fraud No-contest clause Property disposition Lapse and anti-lapse Ademption Abatement Satisfaction of legacies Acts of independent significance Elective share Pretermitted heir
Trusts
Express Resulting Constructive Common types Bare Discretionary Accumulation and maintenance Interest in possession Charitable Purpose Incentive Other types Protective Spendthrift Life insurance Remainder Life interest Reversionary interest Testamentary Honorary Asset-protection Special needs Supplemental needs Governing doctrines Pour-over will Cy-près doctrine Hague Convention (conflict law) Application in civil law Dishonest assistance
Estate administration
Intestacy Testator Probate Power of appointment Simultaneous death Slayer rule Laughing heir Advancement Disclaimer of interest Inheritance tax
Related topics
Advance directive (Living will) Blind trust Forced heirship Totten trust
Other common law areas
Contract Tort Property Criminal law Evidence
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In common law jurisdictions, probate is the judicial procedure where a will is "proved" in court and recognized as a valid public document representing the deceased's true last testament. Alternatively, if there is no legal will, the estate is settled according to the intestacy laws of the deceased's state of residence at the time of death.

The granting of probate is the initial step in the legal process of managing a deceased person's estate, addressing all claims, and distributing the deceased's property under a will. A probate court determines the legal validity of a deceased person's will and grants approval, known as granting probate, to the executor. The probated will then become a legal instrument that the executor can enforce in court if needed. Probate also officially appoints the executor (or personal representative), usually named in the will, with the legal authority to distribute the deceased's assets as specified in the will. However, a will can be contested during the probate process.^[1]