What is being proved by the process of probate?

The probate process is the process where your beneficiaries and executor have to prove that your will is valid.  During the probate process, a court considers the many legal aspects of the will, including if it was legally created.


Specifically, what is being proved is that:

  1. The Will
    1. Was signed by its maker (its “Testator” (male) or “Testatrix” (female)), and
    2. Is the most current Will of the Testator/trix (ie, it has not been revoked).
  2. The Testator/trix was legally competent to make a Will:
    1. A person
    2. Of sound mind (ie, having “testamentary capacity” and lacking “insane delusions”)
    3. Who has attained the age of 18 years.
  3. The Will was made under lawful circumstances:
    1. Witnessed by at least two competent witnesses who subscribed their names to the Will while in the presence of the Testator/trix at his/her request, and
    2. Not made by mistake, restraint (duress), fraud, undue influence, or forgery.

Attorney Robert Dickson

Attorney Robert DicksonThe core of Rob’s legal practice is civil litigation, with an emphasis on construction, real estate, and business law. He represents a wide range of clients, from large construction companies to individual homeowners. His is a practical approach to law, which strives to balance the need for a successful legal outcome with a client’s financial goals (or constraints). Outside of his private practice, Rob serves as an adjunct professor at the Seattle University School of Law where he teaches real estate litigation. [ Attorney Bio ]