Probate. When people die, their wills must be probated (proved to be genuine). A deceased person’s executors bring the will before a court where wills and estates are handled. This court is usually called the probate court. The executors present the will and show proof that it is the true will of the deceased. A will should be offered for probate soon after the death of the person who made it, called the testator. After the will is presented, the court usually issues a notice to the testator’s heirs who would have shared the property if no will had been made. A hearing is then held in the court, and the heirs are given a chance to object to the will. Witnesses are examined just as they are in a civil suit. The judge then decides if the will is genuine. In many states, a jury makes this decision.
A will may be denied probate if the testator lacked mental capacity or was subjected to undue influence. If all requirements have been met, the will is approved, and the executors carry out its provisions.
