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Probate
ProbateThe formal certificate given by a court that certifies that a will has been proven, validated and registered and which, from that point on, gives the executor the legal authority to execute the will. A "probate court" is a name given to the court that has this power to ratify wills. RELATED TERMS-------------------------------------- Certificate Practice. A writing made in any court, and properly authenticated, to give notice to another court of anything done therein; or it is a writing by which an officer or other person bears testimony that a fact has or has not taken place. Court A body in government to which the administration of justice is delegated. Will A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed. Point Practice. A proposition or question arising in a case. Executor A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed"). An executor is a personal representative. Legal That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust. Authority Government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands. Execute To complete; to sign; to carry out according to its terms. Name One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin. Power This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice. SIMILAR TERMS-------------------------------------- Probability That which is likely to happen; that which is most consonant to reason; for example, there is a strong probability that a man of a good moral character, and who has heretofore been remarkable for truth, will, when examined as a witness under oath, tell the truth; and, on the contrary, that a man who has been guilty of perjury, will not, under the same circumstances, tell the truth; the former will, therefore, be entitled to credit, while the latter will not. Probable That which has the appearance of truth; that which appears to be founded in reason. Probable cause When there are grounds for suspicion that a person has committed a crime or misdemeanor, and public justice and the good of the community require that the matter should be examined, there is said to be a probable cause for, making a charge against the accused, however malicious the intention of the accuser may have been. Probate court The court with authority to supervise estate administration. Probate estate Estate property that may be disposed of by a will. Probate of will The proof before an officer appointed by law, that an instrument offered to be recorded is the act of the person whose last will and testament it purports to be. Upon proof being so made and security being given when the laws of the state require such security, the officer grants to the executors or administrators cum testamento annexo, when there been adopted, but provision is made for perare no executors, letters testamentary, or of administration. Probation A term of supervision afforded either a convicted felon or a convicted misdemeanant by a court as an alternative to prison or jail. Probator Ancient English law. Strictly, an accomplice in felony, who to save himself confessed the fact, and charged or accused any other as principal or accessary, against whom he was bound to make good his charge. It also signified an approver, or one who undertakes to prove a crime charged upon another. Probatory term In the British courts of admiralty, after the issue is formed between the parties, a time for taking the testimony is assigned, this is called a probatory term. Probi et legales homines Good and lawful men; persons competent in point of law to serve on juries. Probity Justice, honesty. A man of probity is one who loves justice and honesty, and who dislikes the contrary PREVIOUS AND NEXT TERMS-------------------------------------- Proamita Great paternal aunt; the sister of one's grandfather. Proavus Great grandfather. This term is employed in making genealogical tables. Probability That which is likely to happen; that which is most consonant to reason; for example, there is a strong probability that a man of a good moral character, and who has heretofore been remarkable for truth, will, when examined as a witness under oath, tell the truth; and, on the contrary, that a man who has been guilty of perjury, will not, under the same circumstances, tell the truth; the former will, therefore, be entitled to credit, while the latter will not. Probable That which has the appearance of truth; that which appears to be founded in reason. Probable cause When there are grounds for suspicion that a person has committed a crime or misdemeanor, and public justice and the good of the community require that the matter should be examined, there is said to be a probable cause for, making a charge against the accused, however malicious the intention of the accuser may have been. Probate Probate court The court with authority to supervise estate administration. Probate estate Estate property that may be disposed of by a will. Probate of will The proof before an officer appointed by law, that an instrument offered to be recorded is the act of the person whose last will and testament it purports to be. Upon proof being so made and security being given when the laws of the state require such security, the officer grants to the executors or administrators cum testamento annexo, when there been adopted, but provision is made for perare no executors, letters testamentary, or of administration. Probator Ancient English law. Strictly, an accomplice in felony, who to save himself confessed the fact, and charged or accused any other as principal or accessary, against whom he was bound to make good his charge. It also signified an approver, or one who undertakes to prove a crime charged upon another. Probatory term In the British courts of admiralty, after the issue is formed between the parties, a time for taking the testimony is assigned, this is called a probatory term. We thank you for using the Juridical Dictionary to search for Probate. If you have a better definition for Probate than the one presented here, please let us know by making use of the suggest a term option. This definition of Probate may be disputed by other professionals. Our attempt is to provide easy definitions on Probate and any other medical topic for the public at large.
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