How to use Probate in a sentence
It had probate jurisdiction and wills were registered.
The other officials are the sheriff, treasurer and coroner, elected for two years; the auditor, recorder, clerk of courts, prosecuting attorney, surveyor and infirmary directors, elected for two years; and the board of school examiners (three) and the board of county visitors (six, of whom three are women), appointed usually by the probate judge for three years.
Below this are the twelve district courts, the town councils, probate courts in the larger towns, and justices of the peace.
This jurisdiction, which he exercised through the judge of the Prerogative court, was transferred to the crown by the Court of Probate Act 1857.
The district court has general, original and exclusive jurisdiction in all matters civil, criminal and probate not expressly conferred on an inferior court, and may hear appeals from inferior courts, boards or officers.Advertisement
These courts have original jurisdiction in cases at law and in equity in which the value in controversy exceeds $50, in criminal cases amounting to felony, in all matters of probate, in actions for divorce, &c., and appellate jurisdiction in cases arising in the inferior courts.
The court has original jurisdiction in probate cases, in civil cases involving $1000 or less, and in criminal cases below the grade of felony.
For each judicial district (the tenth district was created in 2907) there is one district judge, elected for four years; the district courts have original jurisdiction (except in probate matters) and certain appellate jurisdiction.
This court has exclusive original jurisdiction in probate matters, and in counties with over 2000 inhabitants its jurisdiction may be extended by popular vote to include concurrent jurisdiction with the district courts in civil matters involving amounts less than $2000, and in criminal actions below the grade of felony.
The national revenues are derived from import and export duties, port dues and other taxes levied on foreign commerce; from excise and stamp taxes and other charges upon internal business transactions; from direct taxes levied in the federal district and national territories, covering a land tax in rural districts, a house tax in the city, commercial and professional licences, water rates, and sundry taxes on bread, pulque, vehicles, saloons, theatres, &c.; from probate dues and registry fees; from a surcharge on all taxes levied by the states, called the " federal contribution," which is paid in federal revenue stamps; from post and telegraph receipts; and from some minor sources of income.Advertisement
They have original jurisdiction in all cases in equity, in all cases at law which involve the title or possession of real property, or the legality of a tax, impost, assessment, toll or municipal fine, and in all other cases at law in which the amount in controversy is $loo or more, in nearly all criminal cases, in matters of probate, in proceedings for divorce, and in various other cases; and they have appellate jurisdiction of cases originally tried before a justice of the peace or other inferior courts where the amount in controversy is more than $20.
In the United States the ordinary possesses, in the states where such an officer exists, powers vested in him by the constitution and acts of the legislature identical with those usually vested in the courts of probate.
In South Carolina he was a judicial officer, but the office no longer exists, as South Carolina has now a probate court.
There are three court-houses, one of granite (1839-1841) with great monolithic Corinthian pillars, another (1862), adjoining it, of brick, and a third (1908-1909) of granite, for the probate court.
Another branch of meaning stresses the formal, customary aspect; and hence in such phrases as "solemn act," probate in "solemn form," it means that which is done with all due forms and ceremonies.Advertisement
There are also county courts, consisting of one judge who serves for four years; in some counties probate courts have been established, and in counties of more than 500,000 population juvenile courts for the trial and care of delinquent children are provided for.
They also differed over the prerogatives of Canterbury with regard to probate and other questions of ecclesiastical jurisdiction.
The judicial department included a supreme court, district courts, probate courts and local justices of the peace.
Each county had a probate court, and each precinct a justice of the peace.
The judiciary consists of a supreme court of three judges, elected every six years, and circuit and probate courts, the five district judges being elected every four years.Advertisement
Each county elects a judge of probate for a term of four years; he has original concurrent jurisdiction with the circuit court in matters of probate, and has original jurisdiction in all cases of juvenile delinquents and dependents.
The legislature may provide for the election of more than one judge of probate in a county with more than ioo,000 inhabitants.
The prerogative court, which is presided over by the chancellor as ordinary and surrogate-general, or by a vice-ordinary and vice-surrogate-general, may hear appeals from the orphans' court, and has the authority to grant probate of wills and letters of administration and guardianship, and to hear and determine disputes arising therein.
In Cumberland and Kennebec counties there is a superior court presided over by one justice and having extensive civil and criminal jurisdiction; and in each of the counties there are a probate court for the settlement of the estates of deceased persons and courts of the trial justice and the justice of the peace for the trial of petty offences and of civil cases in which the debt or damage involved does not exceed $20.
Its officers are three commissioners, a treasurer, a register of deeds, a judge and a register of probate, and a sheriff.Advertisement
They have original jurisdiction of civil, criminal and probate matters, not specifically assigned to other tribunals, and appellate jurisdiction from the inferior courts.
These taxes were additional beer and spirit dues (customs and excise), excise licences, and share of probate and estate duty.
By the Court of Probate Act 1857 the college was empowered to sell its real and personal estate and to surrender its charter, and it was enacted that on such surrender the college should be dissolved and the property thereof belong to the then existing members as tenants in common for their own use and benefit.
The judges of the county courts are elected for four years, and their courts have jurisdiction over probate matters, civil cases involving amounts not exceeding $500, and criminal cases in which the offence is not punishable by death or imprisonment in the penitentiary.
Practically it became the rule to regard suits regarding land, or presentations to beneflees, as pertaining to the kings court, while those regarding probate, marriage and divorce fell to the ecclesiastical tribunal.Advertisement
The county courts have, besides the concurrent jurisdiction above stated, original jurisdiction in all probate matters, original jurisdiction in civil actions for sums greater than $200 and not exceeding $500, concurrent jurisdiction with the justices of the peace in misdemeanour cases, and appellate jurisdiction in all cases brought from a justice of the peace or a police court.
The county courts have exclusive original jurisdiction in the probate of wills and the administration of estates, concurrent jurisdiction with the district courts in civil suits for sums not exceeding $1000, and important jurisdiction in criminal cases.
Its judicial business is principally the probate of wills and matters relating to the administration of estates.
She put a caveat on the estate to prevent probate.
Probate for goods and property held solely within an archdeaconry was granted at the archdeacon's court.Advertisement
You will take on a busy caseload of Estates Planning, Trusts and some Wills and Probate.
The application for Probate is made by the executors named in the deceased person's Will.
Probate Records Only a small number of people ever left wills, but they can help in constructing a family tree.
He died in Sydney of chronic nephritis on 23 January 1930 leaving an estate valued for probate at £ 14 644.
The High Court may cite any person appointed executor by a will to prove or renounce probate of the will.Advertisement
Probate Registry When someone has died the probate Registry When someone has died the Probate Registry supplies the forms to obtain probate.
The jurisdiction for granting probate for a will was dictated either by where the deceased owned property or where they died.
By avoiding probate, a living trust gets your assets distributed significantly more quickly than a will does.
If you have to get probate, this document becomes public property.
There are two main areas of legal action in the field of contentious probate.Advertisement
Other areas of litigation, where ADR might be suitable, were suggested, including contested probate, libel and defamation.
Example - type probate registry to find the exact phrase probate registry to find the exact phrase probate registry.
After 1858 wills were registered and proved in the national and district probate registries.
For names of local specialist probate lawyers contact The Law Society Group of Probate Lawyers.
If probate has been granted for the deceased person's estate, the date probate was granted.Advertisement
The term probate often means the issuing of a legal document to one or more people authorizing them to do this.
Grant of probate - The official document issued by the Probate registry which shows that the Executors are entitled to deal with your estate.
Before 1858 there was no national probate registry and research is more complicated as a result.
On 12 January 1858 these courts ceased, and jurisdiction for the granting of probate was passed to the new secular Court of Probate.
It has original jurisdiction in cases of habeas corpus, mandamus and prohibition, and appellate jurisdiction in cases involving a greater amount than one hundred dollars; concerning title or boundary of lands, probate of wills; the appointment or qualification of personal representatives, guardians, curators, committees, &c.; concerning a mill, roadway, ferry or landing; the right of a corporation or county to levy tolls or taxes; in cases of quo warranto, habeas corpus, mandamus, certiorari and prohibition, and all others involving freedom or the constitutionalit y of a law; in criminal cases where there has been a conviction for felony or misdemeanour in a circuit, criminal or intermediate court; and in cases relating to the public revenues.
Neither can the husband convey real estate without the wife's consent, and a widow may dissent from her husband's will at any time within six months after the probate of the same, the effect of such dissent being to allow her the right of one-third of her deceased husband's property, including the dwelling house in which they usually resided.
It contains the Exchequer and Audit, Inland Revenue, Probate, Registrar-General's and other offices, and one wing houses King's College.
In those cases where people disappear under circumstances which create a strong probability of death, the court may, for the purpose of probate or administration, presume the death before the lapse of seven years.
Grant of Probate - The official document issued by the Probate Registry which shows that the Executors are entitled to deal with your estate.
Even in the case of a relatively-simple estate, probate fees will need to be paid.
The probate fees are calculated based on the gross value of the estate, not on the net value after any debts are paid.
Once a person's will goes into probate, the contents of the will are a matter of public record.
They pass directly to those people named as beneficiaries immediately without having to wait for an extended period for the probate process to be completed.
Since a typical probate process can last as long as one year, a living trust is a benefit to heirs to the estate.
People may also avoid probate by purchasing a life insurance policy, or by putting money into a joint savings account with another person.
He or she can give you guidance as to the best way to set up your estate to minimize probate fees and taxes.
Death records, such as death certificates and probate proceedings, may also include an age or date of birth.
Others have marriage license listings, civil court lawsuits and probate proceedings.
A will filed for probate is even an even stronger source, as it is an official record.
Probate proceedings in most states are filed either with the county clerk or the district clerk.
These records often include the wills and probate.
Try checking the clerk's website to see if there might be probate proceedings online to further your research.
Depending on the county, you can find cemetery records, obituaries, family Bibles transcriptions, mortality schedules and probate.
Ohio marriages are filed with the Probate Court in the county where the marriage took place.
Those marriages do not require a marriage license or ceremony.Some probate courts have online searchable databases.
For example, the Cuyahoga County Probate Court has a database of marriage from 1810 through 1998.
The judicial powers of the county court are confined to probate, the appointment of executors, administrators and other personal representatives, and the settlement of their accounts, matters relating to apprentices and to contested elections for county and district officers.
The judiciary is composed of a supreme court of seven members, a court of chancery, a county court in each county, a probate court in each probate district, and justices of the peace.
Such was the case of probate where notable goods of the deceased lay in more than one diocese.
As late as 1566 ticalJuris= Archbishop Hamilton of Glasgow, upon his appointment, had restitution of his jurisdiction in the probate Scotland.
The constitution provides that the terms of supreme and circuit judges shall be such even number of years not less than six as may be prescribed by the legislature - the statutory provision is six years - that of the judges of the common pleas six years, that of the probate judges four years, that of other judges such even number of years not exceeding six as may be prescribed by the legislature - the statutory provision is six years - and that of justices of the peace such even number of years not exceeding four as may be thus prescribed - the statutory provision is four years.
The judicial department comprises a supreme court consisting of a chief justice and (since 1881) four associate justices elected for terms of six years, and lower courts consisting of district courts with original jurisdiction in civil cases in law and equity, and in criminal cases upon indictments by grand juries; justices' courts, in which the amount in litigation cannot exceed $ioo, or the punishment cannot exceed three months' imprisonment or a fine of $loo; and of municipal and probate courts with the usual jurisdictions.
He protests against Peel's Income Tax Bill of 1842; against the Aberdeen Act 1843, as conferring undue power on church courts; against the perpetuation of diocesan courts for probate and administration; against Lord Stanley's absurd bill providing compensation for the destruction of fences to dispossessed Irish tenants; and against the Parliamentary Proceedings Bill, which proposed that all bills, except money bills, having reached a certain stage or having passed one House, should be continued to next session.
He was a member of the Massachusetts Council from 1749 to 1756, was appointed judge of probate in 1752 and was chief justice of the superior court of the province from 1761 to 1769, was lieutenant-governor from 1758 to 1771, acting as governor in the latter two years, and from 1771 to 1774 was governor.
For the administration of justice the state has a supreme court and a superior court, each county has a probate court, and some towns as well as the cities have a police court.
Each probate court, consisting of a single judge, has jurisdiction within its county of the probate of wills, of the granting of administration, in insolvency proceedings, and in relation to the adoption of children; it may appoint and remove guardians of minors, insane persons and spendthrifts, and, upon application, may change a person's name.
For the discharge of other county functions the qualified electors of each county elect every two years three commissioners, a sheriff, a solicitor, a treasurer, a register of deeds and a register of probate; two auditors also are appointed annually by the supreme court.
The administration of justice is entrusted to a supreme court, a continually increasing number of circuit courts (thirty-eight in 1909), one probate court in each county, and not exceeding four justices of the peace in each township. The supreme court is composed of one chief justice and seven associate justices, all elected for a term of ten years, not more than two retiring every two years; it holds four sessions annually, exercises a general control over the inferior courts, may issue, hear and determine any of the more important writs, and has appellate jurisdiction only in all other important cases.
The more important affairs of each county are managed by a board of commissioners, who are elected by districts for four years, but each county elects also a clerk, a treasurer, a probate judge, a register of deeds, a sheriff, a coroner, an attorney, a clerk of the district court, and a surveyor, and the district court for the county appoints a county auditor.
Washington has a state board consisting of three members appointed by the governor to confer with commissioners from other states upon such matters as marriage and divorce, insolvency, descent and distribution of property, the execution and probate of wills, for the purpose of promoting uniformity of legislation respecting them.