Definition – Probate
July 3, 2009
Probate is a judicial proceeding by which a testamentary document is proven to be a Last Will and Testament. It is begun in South Carolina by filing a Petition with the Probate Court. Once it is established to the satisfaction of the Probate Judge that there is no issue of improper execution or attestation, testamentary capacity, fraud, or undue influence, the document will be “admitted to probate” and given effect as a Last Will and Testament. A Decree is signed and entered so stating, and an Personal Representative (Executor) is appointed to administer the estate.