probate

1 of 2

noun

pro·​bate ˈprō-ˌbāt How to pronounce probate (audio)
 British also  -bit
1
a
: the action or process of proving before a competent judicial authority that a document offered for official recognition and registration as the last will and testament of a deceased person is genuine
broadly : the process of administering an estate
b
: the judicial determination of the validity of a will
2
: the officially authenticated copy of a probated will
3
a
: a court with jurisdiction over determination of the validity of wills and administration of estates and sometimes matters involving minors or adults judged incompetent : probate court
filed a petition in probate
b
: legal matters that fall under the jurisdiction of a probate court
a law practice limited to probate

probate

2 of 2

verb

pro·​bate ˈprō-ˌbāt How to pronounce probate (audio)
probated; probating

transitive verb

1
: to establish (a will) by probate as genuine and valid
2
: to put (a convicted offender) on probation

Did you know?

Ever since people have written wills, those wills have had to be proven genuine by a judge. Without a probate process, greedy acquaintances or relatives could write up a fake will stating that all the person's wealth belonged to them. To establish a will as genuine, it must generally be witnessed and stamped by someone officially licensed to do so (though wills have sometimes been approved even when they were just written on a piece of scrap paper, with no witnesses). Today we use probate more broadly to mean everything that's handled in probate court, a special court that oversees the handling of estates (the money and property left when someone dies), making sure that everyone eventually receives what is properly theirs.

Examples of probate in a Sentence

Noun Her will was offered for probate by the relatives. The case will now go to probate. Verb The court will probate the will.
Recent Examples on the Web
Noun
The attorney said probate costs would be about $7,000. Carolyn McClanahan, Forbes, 22 Feb. 2024 Many states have simplified probate that can make (relatively) short work of small estates. Liz Weston, San Diego Union-Tribune, 3 Mar. 2024 Despite having no experience searching archives, Lanier began to scour census, death and probate records. Jennifer Berry Hawes, ProPublica, 9 Oct. 2023 Franchise owners also were taught to build relationships with nursing home administrators, divorce lawyers and probate officers to find people who may feel pressed to sell their home. Anjeanette Damon, ProPublica, 24 Jan. 2024 The house had passed from one generation to the next without clearing a legal process called probate, which resolves ownership of properties in the absence of a will. Ben Wieder, Miami Herald, 26 Jan. 2024 In some states, including California, probate can be expensive, prolonged and often worth avoiding. Liz Weston, San Diego Union-Tribune, 12 Nov. 2023 She was declared officially deceased in October by a probate judge. Kc Baker, Peoplemag, 11 Jan. 2024 Your attorney probably will suggest creating a living trust to avoid probate, the court process for settling an estate. Liz Weston, San Diego Union-Tribune, 10 Dec. 2023
Verb
That is how long the personal representative has to file a written oath and any bond after the court enters an order admitting a will to probate and appointing the personal representative. Dallas News, 7 Aug. 2022 When the estate went to probate, Briscoe demanded money to release his claim on the property. Propublica, Dallas News, 18 May 2023 Ryan Hill, 30, was sentenced to four years in prison probated for four years. Quinlan Bentley, The Enquirer, 5 Apr. 2023 Benny Roshan is chair of Greenberg Glusker’s trusts and probate litigation group. Benny Roshan, The Hollywood Reporter, 19 Jan. 2023 In 1970, after a three-year court fight, a Dallas court admitted Otis’ will to probate. Dallas News, 17 Apr. 2022 After all that, my lawyer filed an application with the court to probate your will. Dallas News, 4 Sep. 2022 The nonprofit legal services organization has two full-time attorneys dedicated to probate. Nushrat Rahman, Detroit Free Press, 26 Nov. 2022 In the past few years, probate judges on juvenile justice and child welfare dockets tasked with finding spots in residential treatment centers for these children have been hamstrung by the lack of open beds. Christine MacDonald, Detroit Free Press, 20 Oct. 2022

These examples are programmatically compiled from various online sources to illustrate current usage of the word 'probate.' Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback about these examples.

Word History

Etymology

Noun

Middle English probat, from Latin probatum, neuter of probatus, past participle of probare

First Known Use

Noun

15th century, in the meaning defined at sense 1a

Verb

1570, in the meaning defined at sense 1

Time Traveler
The first known use of probate was in the 15th century

Dictionary Entries Near probate

Cite this Entry

“Probate.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/probate. Accessed 28 Mar. 2024.

Kids Definition

probate

1 of 2 noun
pro·​bate ˈprō-ˌbāt How to pronounce probate (audio)
1
: proof before a probate court that the will of a deceased person is genuine
2
: judicial determination of the legal force of a will

probate

2 of 2 verb
probated; probating
: to establish by probate as genuine and as having legal force

Legal Definition

probate

1 of 2 noun
pro·​bate ˈprō-ˌbāt How to pronounce probate (audio)
1
a
: the process of proving in a court of competent jurisdiction (as a probate court) that an instrument is the valid last will and testament of a deceased person
broadly : the process of administering an estate
b
: the judicial determination that a will is valid
2
: the officially authenticated copy of a probated will
3
b
: matters that fall under the jurisdiction of a probate court

probate

2 of 2 transitive verb
probated; probating
1
: to establish (a will) as valid through probate
2
a
: to put (a convicted offender) on probation
b
: to replace (a sentence) with probation
Etymology

Noun

Latin probatum, neuter of probatus, past participle of probare to test, approve, prove

More from Merriam-Webster on probate

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