What Does Probate Mean?

A probate is a process that assures the verification of a deceased person's will and encompasses other related matters like appointment of an executor if it is not mentioned in the will, settling of debts and taxes and distribution of property and other assets to the beneficiaries mentioned in the will. The entire proceedings are legally supervised involving the probate court.

In case a will is not made grants are issued by the probate registry in the name of the persons who can make a claim to the deceased person's assets. The grants are generally issued after submission of application forms by immediate family members and require in some cases to attend an interview for confirmation of details.

The entire proceedings generally take about 6 to 9 months as matters involving deeds and titles of lands and other issues like bank accounts held only in the name of the deceased need to be resolved, taking in to consideration various claims. Probate proceedings are generally conducted by way of an attorney.

The term probate basically is the legal procedure of settling the estate of a dead person, mainly to determine all claims and distributing the descendant's belongings. In countries like England, Wales, Ireland and other Commonwealth countries as well as a few US states, probate is attained by executors of a will while Letter of Administration are settled where there are no perpetrator.

In a few states, after a person living in that state expired without a applicable trust or will, his or her belongings right away becomes the property of the spouse. On the other hand, in cases where the existing other half does not routinely get the descendant's property, then it is generally essential to "probate the estate", not counting the reality that the descendent had an applicable will.

My mother left me 10 acres, her house and vehicle in her will.  Why do we have to probate the will.