Probate is the process which establishes the validity of a will, resolves all claims against the estate, and triggers the administration of the testator’s estate pursuant to the dictates and provisions of the will. After the testator of a will dies, the will must be probated in probate court. To initiate probating a will, the will must be filed with the court in the jurisdiction where the deceased testator lived. The filing party must also submit a petition to obtain the court’s approval and admission of the will to probate. Once the probate court determines the testamentary documentation to be valid and resolves any claims against the estate, the executor (or “administrator” if no executor is named in the will—an appointee of the court) then carries out the directions of the will.
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