Legal Definitions - probate in common form

Probate in common form refers to the standard, non-contentious process by which a will is legally proven and accepted by a court. It is the most common method for an executor to obtain official authority to manage and distribute a deceased person's estate according to their will.

This process typically occurs when there is no dispute or challenge regarding the will's validity, the testator's mental capacity at the time of signing, or any other aspect of the will. The executor presents the will and supporting documents to the probate court, which then grants the necessary legal authority without a formal trial or adversarial proceedings.

Here are some examples:

• Example 1: A straightforward family estate

  After Mrs. Eleanor Vance passed away, her will clearly stated that her only daughter, Sarah, was to inherit all her assets and serve as the executor. All family members were aware of this and fully supported the will's provisions. Sarah would apply for probate in common form because there is no disagreement or challenge to the will, allowing the court to quickly validate it and grant Sarah the authority to manage her mother's estate.

• Example 2: Multiple beneficiaries with no conflict

  Mr. David Chen's will divided his substantial estate among his three adult children and a local charity, naming his eldest son, Michael, as the executor. Although the estate involves several beneficiaries and different types of assets, all parties involved are in complete agreement with the terms of the will. Michael would proceed with probate in common form because, despite the complexity of the assets, the absence of any dispute or objection from the beneficiaries makes the process non-contentious.

• Example 3: A small estate requiring formal authority

  When Ms. Lena Rodriguez passed away, her will bequeathed her modest savings account and a vintage car to her close friend, Maria, who was also named executor. There are no other significant assets, and Ms. Rodriguez had no immediate family to contest the will. Maria would apply for probate in common form to gain the legal authority needed to access the bank account and transfer the car title, as there is no one challenging the will's validity or its distribution plan.