probate, in law, the certification by a court that a will is valid. Probate, which is governed by various statutes in the several states of the United States, is required before the will can take effect. The procedure requires that notification of a hearing be given to all persons who may possibly inherit the deceased's property. Lost wills and oral wills may also be probated in some states if proof of due execution is furnished. If the will is certified, the court will issue letters testamentary authorizing the executors to carry out the will's provisions. The judge sitting on a probate court is ordinarily called a surrogate.

In law, the process of proving in a court (probate court) that an instrument is the valid last will and testament of a deceased person. The term also refers broadly to the process of administering an estate. Unless it is contested or shown to contain obvious anomalies, a document purporting to be a will requires little authenticating proof for certification (admission to probate). Probate courts also often supervise the administration of estates by executors and oversee the guardianship of minors and others lacking capacity under the law.

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