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probate
Probate is a legal document. Receipt of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. A probate court (surrogate court) decides the legal validity of a testator's (person's) will and grants its approval, also known as granting probate, to the executor. The probated will then become a legal instrument that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator's assets in the manner specified in the testator's will. However, through the probate process, a will may be contested.〔(Dealing with probate in 2013 ) The Guardian, 15 February 2013〕
==Etymology==
The English noun "probate" derives directly from the Latin verb ''probare'',〔Collins Dictionary of the English Language〕 to try, test, prove, examine,〔Cassell's Latin Dictionary〕 more specifically from the verb's past participle nominative neuter ''probatum'',〔''Testamentum'', the participle refers to, being a neuter noun〕 "having been proved". Historically during many centuries a paragraph in Latin of standard format was written by scribes of the particular probate court below the transcription of the will, commencing with the words (for example): ''Probatum Londini fuit huismodi testamentum coram venerabili viro'' (name of approver) ''legum doctore curiae prerogativae Cantuariensis...'' ("A testament of such a kind was proved at London in the presence of the venerable man ..... doctor of law at the Prerogative Court of Canterbury...")〔Text from will of James Boevey (d.1696)〕 The earliest usage of the English word was in 1463, defined as "the official proving of a will". The term "probative," used in the law of evidence, comes from the same Latin root but has a different English usage.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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