probaten.

Brit.

/ˈprəʊbeɪt/, U.S.

/ˈproʊˌbeɪt/

Forms: Middle English probeyt, Middle English–1700s probat, Middle English– probate.

Origin: A borrowing from Latin. Etymon: Latin probātum.

Etymology: < classical Latin probātum a thing proved, use as noun of neuter past participle of probāre prove v. (compare probate adj.).See note at oppression n. for discussion of an apparent example of use in sense 2 from 1334 which appears in Middle Eng. Dict. s.v. oppressioun. N.E.D. (1908) gives the pronunciation as (prō^u·bĕt) /ˈprəʊbət/.

†1.

a. The act of proving something; the fact of being proved; proof, demonstration; evidence, testimony. Obsolete.

ΘΚΠ

the mind > attention and judgement > testing > proof, demonstration > [noun]

provinga1325

verifymenta1325

comprobation1390

proofc1390

demonstrationc1391

approbation1393

monstrancea1400

probatea1400

probation?a1450

document1459

demonstrance1481

remonstration1490

verification?1541

eviction1571

remonstrance1583

conviction1646

convincement1656

approof1881

the mind > attention and judgement > testing > attestation, witness, evidence > [noun] > evidence given, testimony

witnessc950

proof?c1225

witnessingc1330

evidencea1387

probacyc1460

probation?a1475

testimonial?a1475

testimony?a1475

testimonage1483

testamentc1485

conjecture1526

fact?1531

trial1532

teste1567

suffragy1571

attest1609

probate1610

testa1616

testate1619

discovery1622

constat1623

a1400 in R. H. Robbins Secular Lyrics 14th & 15th Cent. (1952) 105 (MED) Wolde god þat we myth ones cache þe..We schuld leue in such a probeyt ffor þat þu hast us don & seyd, þat alle þi kyn suld rwe þe.

c1487 J. Skelton tr. Diodorus Siculus Bibliotheca Historica iv. 320 We haue good probates and evident demonstration to make in oure coniecture such assertions.

1534 Coventry Corpus Christi Plays ii. 109 Whatt maner a wey They haue made probate of this profece.

1589 W. Warner Albions Eng. (new ed.) vi. xxx. 134 Thy bad doth passe by probat, but a Quere is for mee.

1610 J. Boys Expos. Domin. Epist. in Wks. (1629) 80 Abraham assuredly beleeued God before, but his offering vp of Isaac was a greater probate of his faith.

1711 in 10th Rep. Royal Comm. Hist. MSS (1885) App. v. 187 There are innumerable proofs of this position..among them our late monarch stands a monumental probat.

1842 G. S. Faber Provinc. Lett. (1844) I. 150 Here, then,..we have another probate of the object of the Tract-School.

b. A putting to the test, an experiment. Obsolete. rare.

ΘΚΠ

the world > action or operation > endeavour > trial or experiment > trial, test, or testing > [noun]

fandingc1000

costningOE

assay1330

say?c1335

assayingc1375

experimenta1382

proofc1390

experience1393

tastinga1400

probationc1422

probe?a1425

approof1436

fraistingc1440

examination?1510

saying1512

approving1523

trial1526

test1594

approbationa1616

trya1616

proval1622

tempting1623

probatea1643

experimental1659

testinga1834

a1643 J. Shute Judgem. & Mercy (1645) 9 As I would not incourage you upon the long-suffering of God, to make a probate, and triall of his patience.

2. Law.

a. The official proving of a will; the legal process involving this. Also: the officially verified copy of the will delivered to the executors together with a document issued under the seal of the court, certifying that it has been proved and granting them authority.

ΘΚΠ

society > law > transfer of property > testamentary disposition > [noun] > official proving of will

probatec1439

probation1529

c1439 Chancery Proc. Ser. C1 File 9 No. 119 (MED) Which forgid testament after the probat there of made atte london..the seid Thomas deceitfully approvid.

1463 in S. Tymms Wills & Inventories Bury St. Edmunds (1850) 43 J wil it be wretyn..in the rolle that my testement and last wil is in, aftir the probat be maad.

1530 W. Tyndale Pract. Prelates sig. Kij^v The hypocrites..made a reformacyon of mortuaries and probates of testamentes.

1590 H. Swinburne Briefe Treat. Test. & Willes vi. f. 224 The iudge doth therupon..annex his probate and seale to the testament, whereby the same is confirmed.

1603 Constit. & Canons Eccl. xcii The Probate..under the seal of the Prerogative.

1660 R. Coke Elements Power & Subjection 118 in Justice Vindicated The Probate of Wills, and letters of Administration are determinable by the Civil Law.

1704 Colonial Rec. N. Carolina (1886) I. 64 A Will of Wm. Lacy..Ordered that the Execut[o]r have probat of the Sd Will.

1768 W. Blackstone Comm. Laws Eng. III. vii. 96 We find it..asserted..that it is but of late years that the church hath had the probate of wills.

1781 M. J. Armstrong Hist. & Antiq. Norfolk I. 140 This order of the cistertian nuns had many large privileges from the pope, probate of wills within their precincts, exemption from paying of tithes and procurations, and the liberty of beraing the crosier in processions.

1837 J. R. McCulloch Statist. Acct. Brit. Empire II. iv. viii. 433 The Lordship of Newry; the proprietor of which holds his spiritual court, and grants marriage licenses and probates of wills, under the seal of the religious house to which the lordship belonged before the Reformation.

1872 Beeton's Everybody's Lawyer 472 An executor, upon obtaining probate, is not required to enter into a bond.

1900 Times 18 Dec. 6/3 The will of Mr. Robert Arthington has not yet been granted probate.

1931 J. Buchan Blanket of Dark ii. 50 A better world, says I. No more mortuaries and probates.

2004 H. Kennedy Just Law (2005) vii. 161 The provision of legal services like conveyancing, wills and probate..by non-legal institutions.

b. Court of Probate n. (in early use also Court of Probates) a court having jurisdiction over probate, administration, and other matters relating to wills (esp. whether they are formally valid) and intestate succession.The English Court of Probate was established in 1857 by the Court of Probate Act (20 & 21 Vict. c. 77) to replace the various ecclesiastical, manorial, and other courts which previously had authority to grant probate and letters of administration. Although jurisdiction over such matters was transferred to the new Probate, Divorce, and Admiralty Division of the High Court in 1873, and then in 1971 divided between the Chancery and Family Divisions of the High Court, the term Court of Probate is still sometimes used in England to refer to these divisions.

ΘΚΠ

society > law > administration of justice > judicial body, assembly, or court > [noun] > specific inheritance or probate courts

commissaries' court?1529

Orphan's court1568

schynd1577

commissary court1644

Court of Probate1655

commissarial1680

prerogative court1702

probate court1726

1655 N. Burt Advice sent in Let. 1 Severall Practisers pretending Equitie and Conscience in the High Court of Chancery, and that unsetled, irregular unlimmited Court of Probates.

1719 in Acts & Laws Massachusetts-Bay (1726) 277 Reasons of Appeal..filed in the Registers Office of the Court of Probate.

1829 F.-X. Martin Louisiana Term Rep. New Ser. 7 106 It was commenced in the court of probates; but the judge of that court having a knowledge of the facts which required his testimony as a witness, he recused himself.

1857 Times 16 Feb. 4/6 The testamentary jurisdiction of the Ecclesiastical Court (the Prerogative Court) is abolished, and the ‘Court of Probate’ established to exercise the jurisdiction instead.

1919 Jrnl. Negro Hist. 4 380 His will, drawn by himself after his fatal wound, is still extant in the Court of Probate records at Toronto.

1992 P. Harding Nightingale Gallery (BNC) 181 ‘He made a will?’ ‘Yes, it's already with the Court of Probate in Chancery.’

†c. = probate judge n. at Compounds 2. Obsolete. rare.

ΘΚΠ

society > law > administration of justice > one who administers justice > judge > [noun] > judges with other specific jurisdiction

president1491

Judge Ordinarc1670

judge of probate1692

Judge Ordinary1754

probate judge1776

vice-chancellor1813

probate1863

LJ1866

V.C.1866

trial judge1892

1863 J. Parton Gen. Butler in New Orleans (1864) 213 Major Strong..found at Biloxi a probate of wills, who was also a justice of the peace, to whom he committed the child.

Compounds

C1.

probate docket n.

ΚΠ

1850 Rep. Debates & Proc. Convent. (Indiana Constit. Convent.) 42/1 What was the number of causes on the Probate Docket during the year?

1902 Elyria (Ohio) Republican 3 Apr. 5/2 The matter of the estate of Adeline H. Baldwin..has been placed upon the probate docket.

1998 New Eng. Q. 71 314 Utilizing archival materials, town records, land records, probate dockets, inventories, vital records, and Indian petitions, she has re-created the Natick experience in minute detail.

probate inventory n.

ΚΠ

1927 Q. Jrnl. Econ. 42 119 No checks seem to have been applied as regards the accuracy of probate inventories.

2000 Jrnl. Interdisciplinary Hist. 31 235 Dawson's 1754 probate inventory valued his goods at £50.

probate registry n.

ΚΠ

1850 Democratic State Reg. (Watertown, Wisconsin) 9 Apr. An instrument in writing purporting to be and represented as the last will and testment of John Chew,..has been this day deposited in the Probate registry of said Court by Esther Chew, sole executrix.

1853 J. Savage & J. Winthrop Hist. New Eng. I. 83 His will, dated 19 December, 1639, is one of the earliest in our Probate Registry.

1967 E. Rudinger Wills & Probate 1 The probate registry provides special machinery to deal with laymen who wish to act as personal representatives without having a solicitor.

1993 Which Feb. 21/2 Your executors apply for probate—having the will checked by the probate registry to make sure that it's valid.

C2.

Probate Act n. an act by a legislative body which relates to or governs the probate of wills, spec. the English Court of Probate Act 1857 (see Court of Probate n. at sense 2b).

ΚΠ

1857 Times 27 Nov. 4/5 It is generally supposed that the new Probate Act will come into operation on the 1st of January next.

1924 C. Jenkins in Tudor Stud. 31 The old Prerogative Registry remained in the right-hand tower, in the room that still bears its name, until the passing of the Probate Act (1857) deprived it of its functions and also of its contents.

1993 Chicago Daily Herald 24 Feb. (Classified section) The estate will be administered without court supervision unless under Section 5/28–4 of the Probate Act any interested person terminates the independent administration.

2003 Halifax (Nova Scotia) Daily News (Nexis) 24 Aug. 35 Under the Probate Act, a person named in a will as a personal representative (executor) can live outside Nova Scotia.

probate bond n. a bond in which an administrator other than an executor gives a guarantee that he or she will administer the estate in accordance with the will and with the laws and rules of probate.

ΚΠ

1591 in W. Greenwell Wills & Inventories Registry Durham (1860) II. 199 For probate bondes and regestring 16s. 4d.

1788 Perpetual Laws Commonw. Mass. Index 383 Review, when a party is entitled to a review of Judgment on a probate bond, how long execution shall be suspended.

1872 Beeton's Everybody's Lawyer 473 A non-executor is required to enter into a probate bond.

1994 Connecticut Law Tribune (Nexis) 28 Nov. 1217 An action on a probate bond is equitable in nature and, therefore, triable by the court rather than by a jury.

probate court n. any of various courts having jurisdiction of probate, administration, and other testamentary matters; = Court of Probate n. at sense 2b.

ΘΚΠ

society > law > administration of justice > judicial body, assembly, or court > [noun] > specific inheritance or probate courts

commissaries' court?1529

Orphan's court1568

schynd1577

commissary court1644

Court of Probate1655

commissarial1680

prerogative court1702

probate court1726

1726 J. Winthrop Lett. in Mass. H.S. Coll. (1892) 6th Ser. V. 426 I never gave any inventory into the Probate Court at Boston.

1800 Amer. Kalendar 120 The treasurer of the state, county treasurer, loan officers, and clerks of the supervisors, are appointed by acts of the legislature..clerks of the supreme and probate courts, by their respective judges.

1872 Wharton's Law Lexicon (ed. 5) 719/1 Administration pendente lite is sometimes granted when an action is commenced in the Probate Court touching the validity of a will.

1922 J. Joyce Ulysses ii. xii. [Cyclops] 309 Justice Andrews sitting without a jury in the probate court.

1992 Keesing's Rec. World Events Aug. 39044/3 Michigan's 18-month-old abortion law requiring girls under 18 years of age to receive permission from a parent or probate court before obtaining an abortion.

probate duty n. now historical a tax levied on the gross value of the personal property bequeathed by a person in his or her will (in Britain replaced by estate duty in the late 19th cent., by capital transfer tax in 1975, and by inheritance tax in 1986).

ΘΚΠ

society > trade and finance > fees and taxes > impost, due, or tax > tax > types of tax > [noun] > estate or inheritance taxes

finec1436

legacy duty1786

probate duty1804

inheritance tax (or taxation)1841

death tax1850

death duty1852

succession duty1853

succession tax1859

testate duty1880

estate duty1889

capital transfer tax1928

1804 Times 4 May 2/6 The value of the property..had been introduced with great success into the Probate duty.

1845 J. R. McCulloch Treat. Taxation ii. vii. 295 Justice to the holders of personal property requires, either that the probate and legacy duties should be abolished, or that they should be extended to real property also.

1898 Whitaker's Almanack 430/2 Estate Duty: In the case of every person dying after 1st August, 1894 (prior to which date Probate, Affidavit, or Inventory Duty is payable).

1903 ‘T. Collins’ Such is Life 209 Bottoming on gold this time, she buried the old man within eighteen months, and paid probate duty on £25,000.

1992 Econ. Hist. Rev. 45 363 The law and practice of probate duty..had a sensible and logical quirk which blurred this moderately clear-cut distinction between personalty and realty.

probate engrossment n. now rare a fair or legal copy of a will for probate.

ΚΠ

1901 Ann. Rep. Incorp. Law Soc. 24 Probate engrossments as well as the probate piece were to be on paper.

1931 Times 21 May 7/3 Whether, in view of the many complaints as to the illegibility of such photostat reproductions..he would consider a return to the former method of probate engrossments.

1936 All Eng. Law Rep. 1 438 The earliest will is written on the severed half of a law stationer's sheet for probate engrossment.

probate judge n. a judge having jurisdiction in a probate court.

ΘΚΠ

society > law > administration of justice > one who administers justice > judge > [noun] > judges with other specific jurisdiction

president1491

Judge Ordinarc1670

judge of probate1692

Judge Ordinary1754

probate judge1776

vice-chancellor1813

probate1863

LJ1866

V.C.1866

trial judge1892

1776 People best Governors 11 That the judges of the inferior court, attorney's general, probate judges, registers, &c. be chosen, in the manner before mentioned, by the inhabitants of each respective county.

1863 W. Phillips Speeches vii. 154 Probate judges are the guardians of widows and orphans.

1991 ABA Jrnl. Nov. 57/1 Seven Indian probate judges claimed that the findings of the blue-ribbon committee..were manipulated to justify the job cut.

probate judgeship n. the office of probate judge.

ΚΠ

1855 R. H. Dana Remarks 2 If this were a question between Mr. Edward G. Loring and the Probate judgeship,..we should not have intervened.

1947 Coshocton (Ohio) Tribune 30 Dec. 1/3 He served as city solicitor in Coshocton, 1937–40, and practiced law until assuming the probate judgeship in 1940.

2004 State (Columbia, S. Carolina) (Nexis) 16 Aug. a1 Women running for probate judgeships..have fared much better than women seeking seats filled by the Legislature.

probate law n. law relating to probate; law relating to the powers and practices of probate courts.In quot. c1460: civil law.

ΘΚΠ

society > faith > church government > ecclesiastical discipline > court > [noun] > law of probate court

probate lawc1460

c1460 (?c1400) Tale of Beryn 2069 (MED) They were grete Seviliouns & vsid probate law, Wher, evir-more, affirmatyff shuld preve his owne sawe.

1865 Times 23 Jan. 10/5 Probate cases require a special knowledge which can only be acquired after a deep study of the old ecclesiastical and probate laws.

1911 F. J. Goodnow Social Reform & Constit. iv. 197 The probate law is in somewhat the same position as the law of domestic relations.

1997 Ethnohist. 44 438 A few wrote wills that disposed of their property in accordance with colonial probate law.

This entry has been updated (OED Third Edition, June 2007; most recently modified version published online March 2022).

probatev.

Brit.

/ˈprəʊbeɪt/, U.S.

/ˈproʊˌbeɪt/

Origin: Partly formed within English, by conversion. Perhaps also partly a borrowing from Latin. Etymons: probate n.; Latin probāt-, probāre.

Etymology: In sense 1 either < probate n. or < classical Latin probāt-, past participial stem (see -ate suffix³) of probāre prove v. In later use < probate n. (in sense 3 after probation n.). N.E.D. (1908) gives the stress on the second syllable in sense 1.

†1. transitive. To prove. Obsolete. rare.

ΚΠ

1570 P. Levens Manipulus Vocabulorum sig. Civ^v/2 To Probate, probare.

2. transitive. Law. Now chiefly North American. To establish the validity of (a will). Frequently in passive.

ΘΚΠ

society > law > transfer of property > testamentary disposition > bequeath by will [verb (transitive)] > affirm validity of will

provec1436

probate1720

establish1806

1720 A. Bruce Decisions Lords of Council & Session 1714–15 xxxvii. 46 The principal Testament behooved to be probated in Ireland.

1793 N. Chipman Rep. & Diss. i. 101 Cruger's will has never been probated.

1837 C. Dickens Pickwick Papers liv. 586 ‘Vy not!’ exclaimed Sam,—‘'cos it must be proved, and probated, and sworn to, and all manner o' formalities.’

1856 Rep. Supreme Court Arkansas 16 241 He probated his claim for the note..and presented it to the executor of Dunn.

1889 Proc. N. Eng. Hist. Geneal. Soc. 2 Jan. 20 Wills..probated as early as 1373.

1925 W. Cather Professor's House i. xii. 137 I don't think it occurred to the boy that the will would ever be probated.

1985 M. Gallant Home Truths 59 Their Ontario grandmother's will was not probated.

2003 Southern Reporter 2nd Ser. 881 417 After her death, Merchants probated her will and subsequently petitioned for a final settlement of the estate.

3. transitive. U.S. To reduce (a sentence) by placing the convicted person on probation; to place (a person) on probation.

ΘΚΠ

society > authority > punishment > imprisonment > imprison [verb (transitive)] > place on probation

probation1900

probate1910

1910 Southwestern Reporter 123 418 A convicted person under the age of sixteen years may have such sentence probated at the discretion of the court and so long as he may be out on probation such sentence has no force and effect.

1939 Social Forces 18 234/1 Numbers of children were ‘probated to parents’ with no case-work supervision or effort on the part of the court to change the situation in which the delinquent behavior occurs.

1979 Associated Press Newswire (Nexis) 5 Feb. A Federal Appeals Court said Monday that a Judge acted illegally in probating the sentence imposed on three Houston Policemen who beat up a prisoner and threw him into a bayou, where he drowned.

2003 Houston (Texas) Chron. (Nexis) 26 Apr. a29 Burdette was sentenced to 180 days in jail,..but the sentence was probated for one year.

Derivatives

ˈprobated adj.

ΘΚΠ

society > authority > punishment > imprisonment > [adjective] > of or relating to sentence of probation

probated1828

1828 F.-X. Martin Louisiana Term Rep. New Ser. 6 403 It is further ordered..to admit in evidence the probated copy of the will.

1931 Wisconsin Rapids Daily Tribune 3 July 2/5 The probated will did not reveal the amount of her holdings.

1972 N.Y. Times 3 Nov. 42/1 [He] was given a 10-year probated sentence.

2003 N.Y. Law Jrnl. (Nexis) 7 July 19/5 Most compelling in the evidence that crosspetitioners submit is the probated will of Julia Drobner, who postdeceased the decedent in 1994.

ˈprobating n.

ΚΠ

1857 D. E. E. Braman Information about Texas xii. 143 Each county has its county court, which..has jurisdiction in all matters concerning the probating of last wills.

1906 Q. Jrnl. Econ. 21 91 Receipts from county business, such as the recording of deeds, the probating of wills, etc.

2004 Washington Post (Nexis) 30 May f01 Some forty years ago, a book..warned about the legal morass that then surrounded the probating of wills in many states.

This entry has been updated (OED Third Edition, June 2007; most recently modified version published online March 2022).

单词	probate
释义	probaten. Brit. /ˈprəʊbeɪt/, U.S. /ˈproʊˌbeɪt/ Forms: Middle English probeyt, Middle English–1700s probat, Middle English– probate. Origin: A borrowing from Latin. Etymon: Latin probātum. Etymology: < classical Latin probātum a thing proved, use as noun of neuter past participle of probāre prove v. (compare probate adj.).See note at oppression n. for discussion of an apparent example of use in sense 2 from 1334 which appears in Middle Eng. Dict. s.v. oppressioun. N.E.D. (1908) gives the pronunciation as (prō^u·bĕt) /ˈprəʊbət/. †1. a. The act of proving something; the fact of being proved; proof, demonstration; evidence, testimony. Obsolete. ΘΚΠ the mind > attention and judgement > testing > proof, demonstration > [noun] provinga1325 verifymenta1325 comprobation1390 proofc1390 demonstrationc1391 approbation1393 monstrancea1400 probatea1400 probation?a1450 document1459 demonstrance1481 remonstration1490 verification?1541 eviction1571 remonstrance1583 conviction1646 convincement1656 approof1881 the mind > attention and judgement > testing > attestation, witness, evidence > [noun] > evidence given, testimony witnessc950 proof?c1225 witnessingc1330 evidencea1387 probacyc1460 probation?a1475 testimonial?a1475 testimony?a1475 testimonage1483 testamentc1485 conjecture1526 fact?1531 trial1532 teste1567 suffragy1571 attest1609 probate1610 testa1616 testate1619 discovery1622 constat1623 a1400 in R. H. Robbins Secular Lyrics 14th & 15th Cent. (1952) 105 (MED) Wolde god þat we myth ones cache þe..We schuld leue in such a probeyt ffor þat þu hast us don & seyd, þat alle þi kyn suld rwe þe. c1487 J. Skelton tr. Diodorus Siculus Bibliotheca Historica iv. 320 We haue good probates and evident demonstration to make in oure coniecture such assertions. 1534 Coventry Corpus Christi Plays ii. 109 Whatt maner a wey They haue made probate of this profece. 1589 W. Warner Albions Eng. (new ed.) vi. xxx. 134 Thy bad doth passe by probat, but a Quere is for mee. 1610 J. Boys Expos. Domin. Epist. in Wks. (1629) 80 Abraham assuredly beleeued God before, but his offering vp of Isaac was a greater probate of his faith. 1711 in 10th Rep. Royal Comm. Hist. MSS (1885) App. v. 187 There are innumerable proofs of this position..among them our late monarch stands a monumental probat. 1842 G. S. Faber Provinc. Lett. (1844) I. 150 Here, then,..we have another probate of the object of the Tract-School. b. A putting to the test, an experiment. Obsolete. rare. ΘΚΠ the world > action or operation > endeavour > trial or experiment > trial, test, or testing > [noun] fandingc1000 costningOE assay1330 say?c1335 assayingc1375 experimenta1382 proofc1390 experience1393 tastinga1400 probationc1422 probe?a1425 approof1436 fraistingc1440 examination?1510 saying1512 approving1523 trial1526 test1594 approbationa1616 trya1616 proval1622 tempting1623 probatea1643 experimental1659 testinga1834 a1643 J. Shute Judgem. & Mercy (1645) 9 As I would not incourage you upon the long-suffering of God, to make a probate, and triall of his patience. 2. Law. a. The official proving of a will; the legal process involving this. Also: the officially verified copy of the will delivered to the executors together with a document issued under the seal of the court, certifying that it has been proved and granting them authority. ΘΚΠ society > law > transfer of property > testamentary disposition > [noun] > official proving of will probatec1439 probation1529 c1439 Chancery Proc. Ser. C1 File 9 No. 119 (MED) Which forgid testament after the probat there of made atte london..the seid Thomas deceitfully approvid. 1463 in S. Tymms Wills & Inventories Bury St. Edmunds (1850) 43 J wil it be wretyn..in the rolle that my testement and last wil is in, aftir the probat be maad. 1530 W. Tyndale Pract. Prelates sig. Kij^v The hypocrites..made a reformacyon of mortuaries and probates of testamentes. 1590 H. Swinburne Briefe Treat. Test. & Willes vi. f. 224 The iudge doth therupon..annex his probate and seale to the testament, whereby the same is confirmed. 1603 Constit. & Canons Eccl. xcii The Probate..under the seal of the Prerogative. 1660 R. Coke Elements Power & Subjection 118 in Justice Vindicated The Probate of Wills, and letters of Administration are determinable by the Civil Law. 1704 Colonial Rec. N. Carolina (1886) I. 64 A Will of Wm. Lacy..Ordered that the Execut[o]r have probat of the Sd Will. 1768 W. Blackstone Comm. Laws Eng. III. vii. 96 We find it..asserted..that it is but of late years that the church hath had the probate of wills. 1781 M. J. Armstrong Hist. & Antiq. Norfolk I. 140 This order of the cistertian nuns had many large privileges from the pope, probate of wills within their precincts, exemption from paying of tithes and procurations, and the liberty of beraing the crosier in processions. 1837 J. R. McCulloch Statist. Acct. Brit. Empire II. iv. viii. 433 The Lordship of Newry; the proprietor of which holds his spiritual court, and grants marriage licenses and probates of wills, under the seal of the religious house to which the lordship belonged before the Reformation. 1872 Beeton's Everybody's Lawyer 472 An executor, upon obtaining probate, is not required to enter into a bond. 1900 Times 18 Dec. 6/3 The will of Mr. Robert Arthington has not yet been granted probate. 1931 J. Buchan Blanket of Dark ii. 50 A better world, says I. No more mortuaries and probates. 2004 H. Kennedy Just Law (2005) vii. 161 The provision of legal services like conveyancing, wills and probate..by non-legal institutions. b. Court of Probate n. (in early use also Court of Probates) a court having jurisdiction over probate, administration, and other matters relating to wills (esp. whether they are formally valid) and intestate succession.The English Court of Probate was established in 1857 by the Court of Probate Act (20 & 21 Vict. c. 77) to replace the various ecclesiastical, manorial, and other courts which previously had authority to grant probate and letters of administration. Although jurisdiction over such matters was transferred to the new Probate, Divorce, and Admiralty Division of the High Court in 1873, and then in 1971 divided between the Chancery and Family Divisions of the High Court, the term Court of Probate is still sometimes used in England to refer to these divisions. ΘΚΠ society > law > administration of justice > judicial body, assembly, or court > [noun] > specific inheritance or probate courts commissaries' court?1529 Orphan's court1568 schynd1577 commissary court1644 Court of Probate1655 commissarial1680 prerogative court1702 probate court1726 1655 N. Burt Advice sent in Let. 1 Severall Practisers pretending Equitie and Conscience in the High Court of Chancery, and that unsetled, irregular unlimmited Court of Probates. 1719 in Acts & Laws Massachusetts-Bay (1726) 277 Reasons of Appeal..filed in the Registers Office of the Court of Probate. 1829 F.-X. Martin Louisiana Term Rep. New Ser. 7 106 It was commenced in the court of probates; but the judge of that court having a knowledge of the facts which required his testimony as a witness, he recused himself. 1857 Times 16 Feb. 4/6 The testamentary jurisdiction of the Ecclesiastical Court (the Prerogative Court) is abolished, and the ‘Court of Probate’ established to exercise the jurisdiction instead. 1919 Jrnl. Negro Hist. 4 380 His will, drawn by himself after his fatal wound, is still extant in the Court of Probate records at Toronto. 1992 P. Harding Nightingale Gallery (BNC) 181 ‘He made a will?’ ‘Yes, it's already with the Court of Probate in Chancery.’ †c. = probate judge n. at Compounds 2. Obsolete. rare. ΘΚΠ society > law > administration of justice > one who administers justice > judge > [noun] > judges with other specific jurisdiction president1491 Judge Ordinarc1670 judge of probate1692 Judge Ordinary1754 probate judge1776 vice-chancellor1813 probate1863 LJ1866 V.C.1866 trial judge1892 1863 J. Parton Gen. Butler in New Orleans (1864) 213 Major Strong..found at Biloxi a probate of wills, who was also a justice of the peace, to whom he committed the child. Compounds C1. probate docket n. ΚΠ 1850 Rep. Debates & Proc. Convent. (Indiana Constit. Convent.) 42/1 What was the number of causes on the Probate Docket during the year? 1902 Elyria (Ohio) Republican 3 Apr. 5/2 The matter of the estate of Adeline H. Baldwin..has been placed upon the probate docket. 1998 New Eng. Q. 71 314 Utilizing archival materials, town records, land records, probate dockets, inventories, vital records, and Indian petitions, she has re-created the Natick experience in minute detail. probate inventory n. ΚΠ 1927 Q. Jrnl. Econ. 42 119 No checks seem to have been applied as regards the accuracy of probate inventories. 2000 Jrnl. Interdisciplinary Hist. 31 235 Dawson's 1754 probate inventory valued his goods at £50. probate registry n. ΚΠ 1850 Democratic State Reg. (Watertown, Wisconsin) 9 Apr. An instrument in writing purporting to be and represented as the last will and testment of John Chew,..has been this day deposited in the Probate registry of said Court by Esther Chew, sole executrix. 1853 J. Savage & J. Winthrop Hist. New Eng. I. 83 His will, dated 19 December, 1639, is one of the earliest in our Probate Registry. 1967 E. Rudinger Wills & Probate 1 The probate registry provides special machinery to deal with laymen who wish to act as personal representatives without having a solicitor. 1993 Which Feb. 21/2 Your executors apply for probate—having the will checked by the probate registry to make sure that it's valid. C2. Probate Act n. an act by a legislative body which relates to or governs the probate of wills, spec. the English Court of Probate Act 1857 (see Court of Probate n. at sense 2b). ΚΠ 1857 Times 27 Nov. 4/5 It is generally supposed that the new Probate Act will come into operation on the 1st of January next. 1924 C. Jenkins in Tudor Stud. 31 The old Prerogative Registry remained in the right-hand tower, in the room that still bears its name, until the passing of the Probate Act (1857) deprived it of its functions and also of its contents. 1993 Chicago Daily Herald 24 Feb. (Classified section) The estate will be administered without court supervision unless under Section 5/28–4 of the Probate Act any interested person terminates the independent administration. 2003 Halifax (Nova Scotia) Daily News (Nexis) 24 Aug. 35 Under the Probate Act, a person named in a will as a personal representative (executor) can live outside Nova Scotia. probate bond n. a bond in which an administrator other than an executor gives a guarantee that he or she will administer the estate in accordance with the will and with the laws and rules of probate. ΚΠ 1591 in W. Greenwell Wills & Inventories Registry Durham (1860) II. 199 For probate bondes and regestring 16s. 4d. 1788 Perpetual Laws Commonw. Mass. Index 383 Review, when a party is entitled to a review of Judgment on a probate bond, how long execution shall be suspended. 1872 Beeton's Everybody's Lawyer 473 A non-executor is required to enter into a probate bond. 1994 Connecticut Law Tribune (Nexis) 28 Nov. 1217 An action on a probate bond is equitable in nature and, therefore, triable by the court rather than by a jury. probate court n. any of various courts having jurisdiction of probate, administration, and other testamentary matters; = Court of Probate n. at sense 2b. ΘΚΠ society > law > administration of justice > judicial body, assembly, or court > [noun] > specific inheritance or probate courts commissaries' court?1529 Orphan's court1568 schynd1577 commissary court1644 Court of Probate1655 commissarial1680 prerogative court1702 probate court1726 1726 J. Winthrop Lett. in Mass. H.S. Coll. (1892) 6th Ser. V. 426 I never gave any inventory into the Probate Court at Boston. 1800 Amer. Kalendar 120 The treasurer of the state, county treasurer, loan officers, and clerks of the supervisors, are appointed by acts of the legislature..clerks of the supreme and probate courts, by their respective judges. 1872 Wharton's Law Lexicon (ed. 5) 719/1 Administration pendente lite is sometimes granted when an action is commenced in the Probate Court touching the validity of a will. 1922 J. Joyce Ulysses ii. xii. [Cyclops] 309 Justice Andrews sitting without a jury in the probate court. 1992 Keesing's Rec. World Events Aug. 39044/3 Michigan's 18-month-old abortion law requiring girls under 18 years of age to receive permission from a parent or probate court before obtaining an abortion. probate duty n. now historical a tax levied on the gross value of the personal property bequeathed by a person in his or her will (in Britain replaced by estate duty in the late 19th cent., by capital transfer tax in 1975, and by inheritance tax in 1986). ΘΚΠ society > trade and finance > fees and taxes > impost, due, or tax > tax > types of tax > [noun] > estate or inheritance taxes finec1436 legacy duty1786 probate duty1804 inheritance tax (or taxation)1841 death tax1850 death duty1852 succession duty1853 succession tax1859 testate duty1880 estate duty1889 capital transfer tax1928 1804 Times 4 May 2/6 The value of the property..had been introduced with great success into the Probate duty. 1845 J. R. McCulloch Treat. Taxation ii. vii. 295 Justice to the holders of personal property requires, either that the probate and legacy duties should be abolished, or that they should be extended to real property also. 1898 Whitaker's Almanack 430/2 Estate Duty: In the case of every person dying after 1st August, 1894 (prior to which date Probate, Affidavit, or Inventory Duty is payable). 1903 ‘T. Collins’ Such is Life 209 Bottoming on gold this time, she buried the old man within eighteen months, and paid probate duty on £25,000. 1992 Econ. Hist. Rev. 45 363 The law and practice of probate duty..had a sensible and logical quirk which blurred this moderately clear-cut distinction between personalty and realty. probate engrossment n. now rare a fair or legal copy of a will for probate. ΚΠ 1901 Ann. Rep. Incorp. Law Soc. 24 Probate engrossments as well as the probate piece were to be on paper. 1931 Times 21 May 7/3 Whether, in view of the many complaints as to the illegibility of such photostat reproductions..he would consider a return to the former method of probate engrossments. 1936 All Eng. Law Rep. 1 438 The earliest will is written on the severed half of a law stationer's sheet for probate engrossment. probate judge n. a judge having jurisdiction in a probate court. ΘΚΠ society > law > administration of justice > one who administers justice > judge > [noun] > judges with other specific jurisdiction president1491 Judge Ordinarc1670 judge of probate1692 Judge Ordinary1754 probate judge1776 vice-chancellor1813 probate1863 LJ1866 V.C.1866 trial judge1892 1776 People best Governors 11 That the judges of the inferior court, attorney's general, probate judges, registers, &c. be chosen, in the manner before mentioned, by the inhabitants of each respective county. 1863 W. Phillips Speeches vii. 154 Probate judges are the guardians of widows and orphans. 1991 ABA Jrnl. Nov. 57/1 Seven Indian probate judges claimed that the findings of the blue-ribbon committee..were manipulated to justify the job cut. probate judgeship n. the office of probate judge. ΚΠ 1855 R. H. Dana Remarks 2 If this were a question between Mr. Edward G. Loring and the Probate judgeship,..we should not have intervened. 1947 Coshocton (Ohio) Tribune 30 Dec. 1/3 He served as city solicitor in Coshocton, 1937–40, and practiced law until assuming the probate judgeship in 1940. 2004 State (Columbia, S. Carolina) (Nexis) 16 Aug. a1 Women running for probate judgeships..have fared much better than women seeking seats filled by the Legislature. probate law n. law relating to probate; law relating to the powers and practices of probate courts.In quot. c1460: civil law. ΘΚΠ society > faith > church government > ecclesiastical discipline > court > [noun] > law of probate court probate lawc1460 c1460 (?c1400) Tale of Beryn 2069 (MED) They were grete Seviliouns & vsid probate law, Wher, evir-more, affirmatyff shuld preve his owne sawe. 1865 Times 23 Jan. 10/5 Probate cases require a special knowledge which can only be acquired after a deep study of the old ecclesiastical and probate laws. 1911 F. J. Goodnow Social Reform & Constit. iv. 197 The probate law is in somewhat the same position as the law of domestic relations. 1997 Ethnohist. 44 438 A few wrote wills that disposed of their property in accordance with colonial probate law. This entry has been updated (OED Third Edition, June 2007; most recently modified version published online March 2022). † probateadj. Forms: 1500s probate, 1600s probat. Origin: A borrowing from Latin. Etymon: Latin probātus. Etymology: < classical Latin probātus proved, demonstrated, regarded with approval, use as adjective of past participle of probāre prove v. Compare earlier probate n. Obsolete. rare. Of an opinion, state of affairs, etc.: proved, demonstrated. Of a person: having received proof; confirmed or established in a belief; convinced. ΘΚΠ the mind > attention and judgement > testing > proof, demonstration > [adjective] > proved proveda1382 convictc1475 probate?1511 comprobate1523 proven1533 persuaded1538 scientifical1588 verified1594 approved1600 approven1609 averred1641 examined1723 substanced1773 clenched1815 made-out1820 open-and-shut1841 the mind > mental capacity > belief > belief, trust, confidence > act of convincing, conviction > [adjective] > persuaded, convinced surea1400 probate?1511 strong1526 satisfied1533 persuaded1538 convict1558 dogmatic1678 well-wrought1684 convinced1685 ?1511 Treat. Joseph of Armathy (de Worde) sig. A.ii The veray true & probate assercyons of hystoryal men touchynge and concernynge thantyquytes of..Glastenburye. a1513 H. Bradshaw Lyfe St. Werburge (1521) i. xi. sig. d.ii ^v Vulfade conforted, and in the fayth probate Fell downe to his fete. 1621 T. W. tr. S. Goulart Wise Vieillard 84 If daily experience did not make it manifest and probat vnto vs. This entry has been updated (OED Third Edition, June 2007; most recently modified version published online June 2021). probatev. Brit. /ˈprəʊbeɪt/, U.S. /ˈproʊˌbeɪt/ Origin: Partly formed within English, by conversion. Perhaps also partly a borrowing from Latin. Etymons: probate n.; Latin probāt-, probāre. Etymology: In sense 1 either < probate n. or < classical Latin probāt-, past participial stem (see -ate suffix³) of probāre prove v. In later use < probate n. (in sense 3 after probation n.). N.E.D. (1908) gives the stress on the second syllable in sense 1. †1. transitive. To prove. Obsolete. rare. ΚΠ 1570 P. Levens Manipulus Vocabulorum sig. Civ^v/2 To Probate, probare. 2. transitive. Law. Now chiefly North American. To establish the validity of (a will). Frequently in passive. ΘΚΠ society > law > transfer of property > testamentary disposition > bequeath by will [verb (transitive)] > affirm validity of will provec1436 probate1720 establish1806 1720 A. Bruce Decisions Lords of Council & Session 1714–15 xxxvii. 46 The principal Testament behooved to be probated in Ireland. 1793 N. Chipman Rep. & Diss. i. 101 Cruger's will has never been probated. 1837 C. Dickens Pickwick Papers liv. 586 ‘Vy not!’ exclaimed Sam,—‘'cos it must be proved, and probated, and sworn to, and all manner o' formalities.’ 1856 Rep. Supreme Court Arkansas 16 241 He probated his claim for the note..and presented it to the executor of Dunn. 1889 Proc. N. Eng. Hist. Geneal. Soc. 2 Jan. 20 Wills..probated as early as 1373. 1925 W. Cather Professor's House i. xii. 137 I don't think it occurred to the boy that the will would ever be probated. 1985 M. Gallant Home Truths 59 Their Ontario grandmother's will was not probated. 2003 Southern Reporter 2nd Ser. 881 417 After her death, Merchants probated her will and subsequently petitioned for a final settlement of the estate. 3. transitive. U.S. To reduce (a sentence) by placing the convicted person on probation; to place (a person) on probation. ΘΚΠ society > authority > punishment > imprisonment > imprison [verb (transitive)] > place on probation probation1900 probate1910 1910 Southwestern Reporter 123 418 A convicted person under the age of sixteen years may have such sentence probated at the discretion of the court and so long as he may be out on probation such sentence has no force and effect. 1939 Social Forces 18 234/1 Numbers of children were ‘probated to parents’ with no case-work supervision or effort on the part of the court to change the situation in which the delinquent behavior occurs. 1979 Associated Press Newswire (Nexis) 5 Feb. A Federal Appeals Court said Monday that a Judge acted illegally in probating the sentence imposed on three Houston Policemen who beat up a prisoner and threw him into a bayou, where he drowned. 2003 Houston (Texas) Chron. (Nexis) 26 Apr. a29 Burdette was sentenced to 180 days in jail,..but the sentence was probated for one year. Derivatives ˈprobated adj. ΘΚΠ society > authority > punishment > imprisonment > [adjective] > of or relating to sentence of probation probated1828 1828 F.-X. Martin Louisiana Term Rep. New Ser. 6 403 It is further ordered..to admit in evidence the probated copy of the will. 1931 Wisconsin Rapids Daily Tribune 3 July 2/5 The probated will did not reveal the amount of her holdings. 1972 N.Y. Times 3 Nov. 42/1 [He] was given a 10-year probated sentence. 2003 N.Y. Law Jrnl. (Nexis) 7 July 19/5 Most compelling in the evidence that crosspetitioners submit is the probated will of Julia Drobner, who postdeceased the decedent in 1994. ˈprobating n. ΚΠ 1857 D. E. E. Braman Information about Texas xii. 143 Each county has its county court, which..has jurisdiction in all matters concerning the probating of last wills. 1906 Q. Jrnl. Econ. 21 91 Receipts from county business, such as the recording of deeds, the probating of wills, etc. 2004 Washington Post (Nexis) 30 May f01 Some forty years ago, a book..warned about the legal morass that then surrounded the probating of wills in many states. This entry has been updated (OED Third Edition, June 2007; most recently modified version published online March 2022). < n.a1400adj.?1511v.1570
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probaten.

Compounds

† probateadj.

probatev.

Derivatives