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Simple English definitions for legal terms
probate law
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A quick definition of probate law:
Probate law refers to the set of rules and laws that govern the process of handling a person's property and assets after they pass away. This includes things like making sure debts are paid, distributing property to heirs, and validating the person's will. The court that handles these matters is called a probate court. There are different types of proof that can be used in probate cases, such as evidence from witnesses or legal documents.
A more thorough explanation:
Probate law refers to the body of statutes, rules, and cases that govern all subjects over which a probate court has jurisdiction. This includes matters related to the distribution of a deceased person's assets, the appointment of guardians for minors or incapacitated adults, and the validation of wills.
- Probate Property: This refers to property that is subject to probate court proceedings, such as assets that were solely owned by the deceased person and did not have a designated beneficiary.
- Probate Register: This is a record of all probate court proceedings, including wills, estates, and guardianships.
- Probatio Plena: This is a type of proof in civil law that requires two witnesses or a public instrument to validate a claim.
These examples illustrate how probate law applies to various aspects of estate planning and administration. For instance, probate property must go through the probate process to be distributed to heirs, and the probate register serves as a public record of these proceedings. Probatio plena is a legal standard for proving claims related to a deceased person's estate.