Probate

The act or process of proving a will. The proof before an ordinary, surrogate, register or other duly authorized person that a document produced before him for official recognition and registration, and alleged to be the last will and testament of a certain deceased person, ls such in reality. The copy of the will, made out in parchment or due form, under the seal of the ordinary or court of probate, and usually delivered to the executor or administrator of the deceased, together with a certificate of the will's having been proved, ls also commonly called the "probate." In the canon law, "probate" consisted of probatio, the proof of the will by the executor, and approbatio, the approbation given by the ecclesiastical judge to the proof. 4 Reeve, Eng. Law, 77. And sce In re Spiegelhalter's Will, 1 Pennewill (Del.) 5, 39 Atl. 465; Mc-Cay v. Clayton, 119 Pq. 133, 12 Atl. 860; Pettit v. Black, 13 Neb. 142, 12 N. W. 841; Reno v. McCully, 65 Iowa, 629, 22 N. W. 902; Appeal of Dawley, 16 R. I. 694, 19 Atl. 248.

— Common and solemn form of probate. In English law, there are two kinds of probate, namely, probate in common form, and probate in solemn form. Probate in common form is granted in the registry, without any formal procedure in court, upon an ex parte application made by the executor. Probate in solemn form is in the nature of a final decree pronounced in open court, nil parties interested having been duly cited. The difference between the effect of probate in common form and probate in solemn form is that probate in common form la revocable, whereas probate in solemn form is irrevocable, as against all persons who have been cited to see the proceedings, or who can be proved to have been privy to those proceedings, except in the case where a will of subsequent date is discovered, in which case probate of an earlier will, though granted in solemn form, would be revoked. Coote, Prob. Pr. (5th Ed.) 237-239; Mozley & Whitley. And see Luther v. Luther, 122 III. 558, 13 N. Et 166. The term ls used, particularly In Pennsylvania, but not In a strictly technical dense. to designate the proof of his claim made by a non-resident plaintiff (when the same ls on book-account, promissory note, etc.) who swears to the correctness and Justness of the same, and that it is due, before a notary or other officer in hls own state; also of the copy or statement of such claim filed in court, with the jurat of such notary attached.

— Probate bond. One required by law to be given to the probate court or judge, as incidental to proceedings in such courts, such as the bonds of executors, administrators, and guardians. See Thomas v. White, 12 Mass. 367.

— Probate code. The body or system of law relating to all matters of which probate couris have jurisdiction. Johnson v. Harrison, 47 Minn. 575, 50 N. W. 923, 28 Am. St. Rep. 382.

— Probate court. See Court of Probate.

— Probate, divorce, and admiralty division. That division of the English high court of justice which exercises jurisdiction in matters formerly within the exclusive cognizance of the court of probate, the court for divorce and matrimonial causes, and the high court of admiralty. (Judicature Act 1873, § 34.) It consists of two judges, one of whom is called the "President." The existing judges are the judge of the old probate and divorce courts, who is president of the division, and the judge of the old admiralty court, and of a number of registrars. Sweet.

— Probate dnty. A tax laid by government on every will admitted to probate, and payable out of the decedent's estate.

— Probate homestead. See HOMESTEAD.

— Probate judge. The judge of a court of probate.