When a person dies with a will, she’s said to die testate. Her will has to be proven to be her actual last will and testament, and that proving gets done in probate court. Probate actually means proving.
Just because a person has left a clear will stating where and how she wants her possessions divided after death doesn’t mean that the people left behind agree with the terms of the will. When they disagree, they challenge or contest (pronounced kon-TEST ) the will. This kind of lawsuit is called a will contest (pronounced KON-test).
How Probate Court Differs from Other Courts
Probate courts only deal with people who can’t make decisions for themselves and their possessions, whether it’s because of age (too young), disability, ...