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Probate

The 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.

Latin from probatum which means a thing proved.

In use in the common law since at least 1463 (Bury Wills, Camden), referring to the proving of a will and the formal vesting of estate administration authority in an executor.

In England, by virtue of the Probate Act of 1857, the proving of wills was taken from the ecclesiastical courts and given to the regular or common courts.

Today, the word refers to both the application process and formal certificate or order 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.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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