What is the process of "probate"?

The process of probate refers specifically to the legal procedure through which a deceased person's will is validated in a court and the estate is administered according to the terms laid out in that will. This involves several steps, including proving the validity of the will, appointing an executor or personal representative, and ensuring that the debts and taxes of the estate are paid before distributing the remaining assets to the beneficiaries as outlined in the will.

During probate, the court oversees the process to ensure that the deceased's wishes are honored and that all legal requirements are met. This supervision is crucial in addressing any disputes that may arise among beneficiaries or claims from creditors, thereby providing a structured and legally binding framework for settling the estate.

Other options tend to misrepresent aspects of this process. For instance, generating a new will is not part of probate; rather, it is about validating the existing will. Distributing assets without legal oversight or filing taxes for the estate are also steps that occur within the broader process of administering an estate but do not adequately encompass the probate process itself. Thus, validating the will and administering the estate according to its terms encapsulates the fundamental essence of probate.