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Probate means an action to

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Question & Answer

Review the question and all answer choices

A

cure a defect by a quitclaim deed.

Curing a title defect with a quitclaim deed is a separate real estate transaction used to resolve clouds on title, such as disputed ownership claims or clerical errors in the chain of title — it has no connection to the court-supervised estate administration process of probate.

B

prove title by adverse possession.

Adverse possession is a common law doctrine by which a person can acquire legal title to another's property through open, notorious, continuous, hostile, and exclusive possession for a statutory period (5 years in California under CCP §318) — this is an entirely different legal concept from probate and involves no will or deceased person.

C

process a will to establish its validity.

Correct Answer
D

process a partition of property.

Partition is a legal action that divides co-owned property among multiple owners who cannot agree on its use or sale — governed in California by CCP §872.010 et seq. — and while it may arise in estate disputes, it is a distinct legal remedy that does not involve proving the validity of a will.

Why is this correct?

Answer C is correct because probate is precisely defined as the legal process by which a court examines and validates (proves) a will, appoints a personal representative (executor or administrator), and supervises the distribution of estate assets — the word 'probate' itself derives from the Latin 'probare,' meaning 'to prove.' This process ensures that the will represents the true final wishes of the deceased and that creditors are paid before assets are distributed to beneficiaries.

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