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Probate

Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A surrogate court decides the validity of a testator's will. A probate interprets the instructions of the deceased, decides the executor as the personal representative of the estate, and adjudicates the interests of heirs and other parties who may have claims against the estate.

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From Wikipedia under the GNU Free Documentation License
Sun Jan 29 03:48:24 2012

Noun

probate (plural probates)

  1. (law) The legal process of verifying the legality of a will.
  2. (law) A copy of a legally recognised and qualified will.
Verb

to probate (third-person singular simple present probates, present participle probating, simple past and past participle probated)

  1. (transitive) To establish the legality of (a will).

From Wiktionary under the GNU Free Documentation License
Fri Sep 23 07:12:26 2011


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Sun Jul 10 20:27:27 2011

Can a lawyer file a will in probate even if the waivers are not signed?
Q. My mother and my uncle are contesting my grandfather's will. The lawyer says he will go on and file the will after 10 days in probate with or without the waivers and state that the heirs who do not sign the waivers are being "uncooperative" . My mother has a lawyer who she will show the papers to on Monday, but I was wondering, can the will be filed without the waivers? Should my mother go ahead and contest the will before the 10 days are up?
Asked by bdsm_rockstar - Sat Oct 24 15:33:41 2009 - Law & Ethics - 1 Answers - Comments

A. The lawyer can do that. If your mother & uncle challenge the will, then the court will hold a hearing to determine if the will is valid. If nobody challenges the will after a certain number of days (usually its more than 10) then the court will rule that the will is valid. All the "waiver" does is stipulate to the court that the persons who sign the waiver are not contesting the will. A waiver really does nothing more than expedite the probate process.
Answered by Mr Placid - Sat Oct 24 16:14:13 2009

How can I find out if a will in Michigan has went to probate court?
Q. My father in law recently passed in Michigan. He has numerous properties and assets. All properties are owned free and clear. Only 2 are owned with his wife (my hubby's step-mom). The wife will not tell us any details of the will, but has said it has went into probate court. How can we find out details of the will and info on the probate court? Thanks for the links. Nothing is listed for his name in the records. Is it possible that there aren't any records to search because the case isn't closed?
Asked by Guest11 - Tue Aug 18 21:15:11 2009 - Law & Ethics - 1 Answers - Comments

A. Call the probate court of your state or clerk of the court. When Probate is filed all parties including children should be notified of how the property will be taken care of. Find out who has been assigned his personal representative that is handling his estate. They are the ones who can tell you all the info. You might have to look under your county also. Be sure you check with an attorney who deals with Estates laws as well. Sorry for your loss and hope that this info can help a little. Try to get the Probate docket number as it may help in looking up the info. easier online. Now this should be all open to the Public. If there is a will you have a right to see it. Now I have listed at least one site but it may not be the right County.
Answered by jusjokin12 - Tue Aug 18 22:58:33 2009

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Thu Oct 13 12:54:51 2011
Reports of Select Cases Argued and Determined in the Probate Court of Hamilton @ Buy.com
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This is a pre-1923 historical reproduction that was curated for quality. Quality assurance was conducted on each of these books in an attempt to remove books with imperfections introduced by the digitization process. Though we have made best efforts - the books may have occasional errors that do not impede the reading experience. We believe this work is culturally important and have elected to bring the book back into print as part of our continuing commitment to the preservation of printed works worldwide.

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Volume: 4 Publisher: Worcester, Mass., OB Wood Publication date: 1898 Subjects: Probate records -- Massachusetts Worcester County Probate records -- Massachusetts Wills -- Massachusetts Worcester County Notes: This is an OCR reprint. There may be numerous typos or missing text. There are no illustrations or indexes. When you buy the General Books edition of this book you get free trial access to Million-Books.c om where you can select from more than a million books for free. You can also preview the book there.

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