What is probate?

Probate refers specifically to the legal process of validating a will after a person's death. This process involves several important steps, such as confirming the authenticity of the will, ensuring that it complies with state law, and appointing an executor (if not already specified in the will) to manage the estate. It is a judicial procedure designed to ascertain that the deceased's wishes are honored as expressed in their will.

During probate, the court will also handle issues such as resolving debts and claims against the estate, distributing assets to beneficiaries according to the will, and resolving any disputes that may arise during this process. Essentially, probate ensures that the distribution of an individual's estate is conducted legally and in accordance with their wishes as documented in their will.

Other options describe different aspects of estate management but do not capture the specific legal function of validating a will that defines probate. For example, the taxation process is separate from probate, as is the distribution of assets, which occurs after the probate process validates the will and assesses required debts. Similarly, the creation of a living trust is a distinct estate planning tool that avoids the probate process altogether.