What does probate mean?
Probate names the legal procedure followed after someone dies to determine whether the will is valid and to manage the property and obligations of the estate. In the noun sense, it can refer either to the overall process or to the formal grant that authorizes an executor to act. As a verb, “to probate” means to put an estate through that process. The work commonly involves filing documents, notifying beneficiaries and creditors, paying debts, handling tax matters, and distributing assets. The phrase “grant of probate” is especially associated with the authority issued to an executor, while “probate court” denotes the court handling disputed or formal estate proceedings. Although probate is sometimes treated as synonymous with estate administration, the two are not always identical: an estate requiring only an administrator rather than an executor may be handled through a different legal procedure. Probate is consequently a useful term for understanding the formal legal steps that follow death and govern how a deceased person's wishes and property are dealt with.
The legal process of proving a deceased person's will valid and administering the estate; also, the formal grant authorizing an executor to do so.
"The will went through probate without a dispute."
In British legal usage, “grant of probate” emphasizes the official authorization given to an executor.
To establish the validity of a deceased person's will and administer the estate through the appropriate legal procedure.
"The executor had to probate the will before selling the property."
Often used with “will,” “estate,” or the name of the deceased person; it is a formal legal term.
Usually used when referring to multiple estates or separate legal proceedings involving the administration of deceased persons' estates.
"The court processed the probates of several siblings who had died in the same accident."
Probate literally means proving: the word began as a legal way of establishing that a will was genuine.
Reviewed by Deb Chak, Editor. AI-assisted content curated by RJS Tech Solutions LLP.
Where does probate come from?
Probate comes from Medieval Latin probate, a feminine form related to probare, “to prove” or “to make evident.” The legal sense developed from the proving of a will and, later, from the granting of authority to administer an estate. Its cognates include English prove, proof, approve, and disapprove, all of which ultimately connect with Latin probare.
Related word forms
How probate is actually used
The term is formal and primarily legal. In British usage, “grant of probate” specifically refers to the official authority given to an executor; in US usage, “probate” often refers more broadly to the entire court-supervised administration of an estate.
Easily confused with probate
Probate concerns the legal administration of a deceased person's estate, whereas probation is a period of supervised release or testing imposed by a court.