Category: Definitions

  • What are the differences between “testate” and “intestate”?

    Intestacy: when the decedent[1] passed away without a last will and testament.  This is known as dying intestate. Testacy: when the decedent passed away with a last will and testament.  This is known as dying testate. If the Decedent dies testate with a valid will but those named to be the personal representative[2] are unable to serve in that capacity: ·         A Petition for Probate of Will & Letters of Administration With Will Annexed is filed, and an Administrator With Will Annexed is appointed: The Personal Representative is an appointed "Administrator" The distributees are beneficiaries, who take under the will. If the Decedent dies testate with a valid will naming a Personal Representative who is able to serve, but all de

  • Please define the term probate | Probate Definition

    Dictionary Definition Probate 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 (b) :  the judicial determination of the validity of a will 2.      :  the officially authenticated copy of a probated will Origin of the word “Probate” Probate means "to prove," from the Latin verb "probare."  In Middle English it took the form of the word “probat”, which is derived from Latin probatum, neuter of probatus, past participle of probare.  The first known use of Probate was in the 15th century.[1]   Sources 1.      http://www.nolo.com/legal-encyclopedia/pro

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