Probate - Definition - Law Dictionary Home Dictionary Definition probate

Definition :

Probate, means the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator. [Indian Succession Act, 1925 (39 of 1925), s. 2 (f)]

Official proof of a will. This is obtained by the executor in all Probate Division of the High Court of Justice, and is either in common form, where the will is undisputed and quite regular, or per testes, is solemn form of law, where it is disputed or irregular. When the will is proved, the original is deposited in the registry of the Court, a copy being delivered to the executor with a certificate of its having been made out under seal of the court, all which together is usually styled the probate, consult Tristram and Coote, Prob. Pr., 17th Edn.