probate proceeding

probate proceeding
A proceeding in the probate court, usually upon notice of motion or order to show cause. Sometimes upon summons or other formal process as in the probate of a will in solemn form. A "civil action" for the purpose of a statute which disqualifies a judge in a civil action for causes specified in the statute. 30A Am J Rev ed Judges § 95.

Ballentine's law dictionary. . 1998.

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  • probate — pro·bate 1 / prō ˌbāt/ n [Latin probatum, neuter of probatus, past participle of probare to test, approve, prove] 1 a: the process of proving in a court of competent jurisdiction (as a probate court) that an instrument is the valid last will and… …   Law dictionary

  • proceeding — pro·ceed·ing n 1: a particular step or series of steps in the enforcement, adjudication, or administration of rights, remedies, laws, or regulations: as a: an action, hearing, trial, or application before the court collateral proceeding: a… …   Law dictionary

  • probate — Court procedure by which a will is proved to be valid or invalid; though in current usage this term has been expanded to generally refer to the legal process wherein the estate of a decedent is administered. Generally, the probate process… …   Black's law dictionary

  • Probate — Not to be confused with Probation. Wills, trusts and estat …   Wikipedia

  • probate — /proh bayt/, n., adj., v., probated, probating. n. 1. Law. the official proving of a will as authentic or valid in a probate court. 2. an officially certified copy of a will so proved. adj. 3. of or pertaining to probate or a probate court. v.t.… …   Universalium

  • probate in common form — A survival of probate procedure under ecclesiastical law; an ex parte proceeding instituted by the executor or other proponent of a will to obtain the admission of the propounded instrument to record as a valid will. It is distinguished from the… …   Ballentine's law dictionary

  • probate in solemn form — A proceeding by the executor or other proponent of a will to obtain the admission of the propounded instrument to record as a valid will, under summons to interested parties calling upon them to witness the proceeding and to take whatever part… …   Ballentine's law dictionary

  • probate sale — A sale, such as an executor s or administrator s sale, had under order of court in a proceeding in probate …   Ballentine's law dictionary

  • summary probate — A relatively simple probate proceeding available for small estates, as that term is defined by state law. Every state s definition is different, and many are complicated, but a few states include estates worth $100,000 or more. Some states allow… …   Law dictionary

  • informal proceeding — n. (1) A trial or hearing less formal than a regular trial, such as a proceeding in a small claims court. (2) In probate court, a proceeding that admits a will to probate without first providing notice to all interested parties. The Essential Law …   Law dictionary

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