Probate Court

Probate Court, a court created in England in 1858, in lieu of the old Prerogative Courts, to exercise jurisdiction in matters touching the succession to personal estate. Since the Judicature Acts of 1873-75 the Probate Court is included in the Probate, Divorce, and Admiralty Division of the High Court of Justice. If a man at his death leaves a will, then it must be produced and verified so as to prove that it is an authentic will, duly executed and signed in presence of witnesses, and therefore that the right to the personal estate is vested in the executors named by the will. The will is proved in common form by depositing it in one of the registries of the court, by making affidavit of the amount of the property, and by paying the probate duty (varying from £1 per £50 to £3 per £100, according to the amount of the property). The executors receive a copy of the will, accompanied by a grant of administration; and this probate copy is usually shown to bankers, &c. when the executors lay claim to the property of the deceased. If the authenticity of the will is disputed it must be proved by witnesses in court. If there is no will the personal estate devolves on the next of kin and widow, if any; and it is necessary that an application be made to the court to appoint an administrator. This is called taking out administration, and the act of the court appointing administrators is called letters of administration. See Dixon on Probate (2d ed. 1885).