TMG-L Archives

From: "Rae Jean" <>
Subject: Re: [TMG] Proven vs Probate
Date: Mon, 1 Oct 2001 15:14:05 -0500
References: <9192437548.20010929120049@pacbell.net> <001f01c14928$c4811d40$924f063e@hstjw> <006e01c14949$e91f56f0$dd2e1f3f@custom> <001d01c1495a$d6b428e0$eb19c740@prodigy.net>

Since I have been recording wills and abstracts, this issue has been of
interest. Have Black's Law Dictionary, 5th Edition, which says in part:

- Probate:
Court procedure by which a will is proved to be valid or invalid; though in
current usage this term has been expanded to generally include all matters
and proceedings pertaining to administration of estates, guardianships, etc.
In the canon law, "probate" consisted of probatio, the proof of the will by
the executor, and approbatio, the approbation given by the ecclesiastical
judge to the proof.

- Probate court:
A court having general powers over probate of wills, administration of
estates, and, in some States, empowered to appoint guardians or approve the
adoption of minors. Court with similar functions is called Surrogate or
Orphan's Court in certain states.

- Probate jurisdiction:
The exercise of the ordinary, generally understood power of a probate,
surrogate or orphan's court, which includes the establishment of wills,
settlement of decedents' estates, supervision of guardianship of infants,
control of their property, and other powers and functions pertaining to such
subjects.

- Probate proceeding:
A general designation of the actions and proceedings whereby the law is
administered upon the various subjects within "probate jurisdiction"

There's more but this gives definitions that address what is being
discussed.

Basically my problem with the TMG standard Probate Tag is that it is in the
Death Group. So I have a custom Estate Tag in the Other Group that I use to
record the documents created by the process required to settle the estate.
As for recording the wills or proof, I use Will (standard tag) when all I
know is date, place, testator. When I have a copy, use custom Will-Copy Tag
and when I have an abstract, use custom Will-Items Tag. Both Will-Copy and
Will-Items tags incorporate the information found in the source including
proof. Generally I use my custom Death-Est tag with either 'will dated 29
Feb 1745, probate March Court 1745' or 'will dated 30 Sep 1756, recorded 10
Dec 1762' or a similar statement in the memo so I quickly see why I decided
on an estimated date of death. The Will-Copy, Will-Items, Death-Est tag
ideas came from people who shared on this list. :-)
Rae Jean in Tennessee


----- From: Neil S. Smith <>
: In most American probate courts, an estate goes through probate. The
person
: either died testate, with will, or intestate, without will. In both cases
: the estate is "probated". If a will is produced, it must be "proved", that
: is authenticated by the Probate Court. Some courts dutifully record when
the
: will was "proved", some don't use that designation in the recording but
the
: result is the same.

This thread:

• Re: [TMG] Proven vs Probate by "Rae Jean" <>