What Is Probate?

Probate is the legal process whereby the Last Will & Testament of a deceased person is determined to be valid. Essentially the probate court will ascertain whether the Will was validly prepared and executed. The person initiating the probate proceeding is referred to as the "petitioner."

In addition to asking the probate court to determine that the Will is valid, the petitioner will also ask for the appointment of an "executor" for the estate. The executor, who is generally named in the deceased person's Will, is responsible for handling the affairs of the deceased in accordance with the terms of the Will.

Once the probate court has determined that a Will is valid, it will issue "Letters Testamentary." This document will provide the executor with the legal authority to act for the estate.