Define: Probate In Common Form

Probate in common form refers to the process of proving the validity of a will in court. It involves presenting evidence and arguments to establish the authenticity of the will and the appointment of the executor.

Probate in common form is a simpler and less formal process compared to probate in solemn form. In common form, the court’s decision is not final and can be challenged, while in solemn form, the court’s decision is conclusive and cannot be appealed.

Any interested party, such as a beneficiary or executor named in the will, can apply for probate in common form. They must file the necessary documents and pay the required fees to initiate the process.

The documents required for probate in common form typically include the original will, death certificate, application for probate, and any other supporting documents that may be necessary to establish the validity of the will.

The duration of probate in common form can vary depending on the complexity of the case and the court’s workload. It can take several months to a year or more to complete the process.

Yes, probate in common form can be contested by interested parties who believe the will is invalid or have concerns about the appointment of the executor. They can file a caveat or challenge the probate in court.

If probate in common form is contested, the court will hold a hearing to consider the evidence and arguments presented by both parties. The court will then make a decision on the validity of the will and the appointment of the executor.

Generally, the executor should not distribute assets until probate is granted. However, in certain circumstances, the court may allow the executor to make interim distributions if it is in the best interest of the estate and beneficiaries.

Probate in common form can be avoided by utilizing estate planning tools such as trusts, joint ownership, or beneficiary designations. These methods allow assets to pass directly to beneficiaries without going through the probate process.

While it is not mandatory to have legal representation for probate in common form, it is highly recommended. An experienced probate attorney can guide you through the process, ensure compliance with legal requirements, and help protect your interests.