The term probate can be used in several ways; therefore it can have several different, but similar meanings.
To probate a will means to give the deceased’s will to a judge or court for the process of overseeing the final distribution of the estate in a way that complies with the laws of the jurisdiction and the will itself. The court can be involved in many aspects of the process of closing the estate, from determining if the will is valid and ensuring laws are followed to making sure the assets are properly distributed and closing the estate. In this case, the term probate would be used like the following example– “The executor probated the will of the deceased.”
Probate also can refer to the judge or court that is handling the estate in the previous example, such as, “The executor filed the will with probate.”
Finally, probate can describe the process, from start to finish, of settling a deceased person’s estate, as in, “The estate attorney advised me probate can take more than 12 months.” In this case, probate would refer to the process of making sure the will is valid, distributing property and assets, paying off any final bills, taxes, and other debts, and ultimately closing the estate if all has been completed properly and in accordance with the law.
