Probate is intrinsically a legal procedure that authenticates a will. It broadly seals the transition of the decedent's properties in congruence with their pre-declared preferences in their will, and inherent legal obligations.
For example, under U.S. law such as Arizona's Revised Statute § 14-1301, Probate serves as the court-supervised process for gathering the deceased person's assets, paying debts and taxes, and distributing what's left to inheritors.
This protocol is an instrumental component in the journey of getting a copy of a will. It's during this phase that a copy of a living will is examined to assent to its validity, confirm the nominated executor, and assess the deceased's wishes from a legal standpoint.
It thus becomes imperative for stakeholders intending to get a copy of a will to be privy to the probate process. Learning to navigate the ins and outs of probate proceedings proves beneficial when you want a copy of a will within the United States legal framework.
A critical aspect is that estate size, as well as state legislation, often dictate whether probate is required. For example, in California, estates valued at less than $166,250 might not need to go through probate. Therefore, questing for a copy of a will, particularly a copy of a living will, could necessitate different processes across the U.S.
So, when planning to get a copy of a will, understanding probate under U.S. law becomes an essential first step in the process.