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LSDefine
Simple English definitions for legal terms
probate in common form
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A quick definition of probate in common form:
Probate is a legal process where a court decides if a person's will is valid. It also involves handling the property and debts of a person who has died. There are different types of probate, including common form and solemn form. Common form probate is granted without a formal court procedure, while solemn form probate is granted in open court. A probate estate is the property that is subject to administration by a personal representative. After deductions, the net probate estate is what is left.A more thorough explanation:
Probate in common form is a type of probate that is granted by the registry without any formal procedure in court, on the executor's ex parte application. This means that the executor can apply for probate without having to go to court. However, the judgment is subject to being reopened by a party who has not been given notice.
For example, if a person dies and leaves a will, the executor can apply for probate in common form by submitting the will to the registry. If the registry is satisfied that the will is valid, it will grant probate. However, if someone who has an interest in the estate was not given notice of the application, they can apply to have the judgment reopened.