probate in common form

probate in common form
A survival of probate procedure under ecclesiastical law; an ex parte proceeding instituted by the executor or other proponent of a will to obtain the admission of the propounded instrument to record as a valid will. It is distinguished from the other form of probate, known as solemn probate, by its ex parte character, no opportunity being given for a contest. 57 Am J1st Wills § 758.

Ballentine's law dictionary. . 1998.

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  • common form of probate — See probate in common form …   Ballentine's law dictionary

  • common form — noun 1. Scholasticism : a form belonging to a species 2. : the form of probate of a will where the will is not contested and is proved by the executor s own oath 3. : one of the forms of pleading used in the common law actions (as assumpsit,… …   Useful english dictionary

  • common probate — See probate in common form …   Ballentine's law dictionary

  • probate — pro·bate 1 / prō ˌbāt/ n [Latin probatum, neuter of probatus, past participle of probare to test, approve, prove] 1 a: the process of proving in a court of competent jurisdiction (as a probate court) that an instrument is the valid last will and… …   Law dictionary

  • probate — /proh bayt/, n., adj., v., probated, probating. n. 1. Law. the official proving of a will as authentic or valid in a probate court. 2. an officially certified copy of a will so proved. adj. 3. of or pertaining to probate or a probate court. v.t.… …   Universalium

  • probate — A certificate issued by the Family Division of the High Court, on the application of executors appointed by a will, to the effect that the will is valid and that the executors are authorized to administer the deceased s estate. When there is no… …   Big dictionary of business and management

  • form — A model or skeleton of an instrument to be used in a judicial proceeding or legal transaction, containing the principal necessary matters, the proper technical terms or phrases and whatever else is necessary to make it formally correct, arranged… …   Black's law dictionary

  • form — A model or skeleton of an instrument to be used in a judicial proceeding or legal transaction, containing the principal necessary matters, the proper technical terms or phrases and whatever else is necessary to make it formally correct, arranged… …   Black's law dictionary

  • Common Law —     Common Law     † Catholic Encyclopedia ► Common Law     (Lat. communis, general, of general application; lex, law)     The term is of English origin and is used to describe the juridical principles and general rules regulating the possession …   Catholic encyclopedia

  • common law marriage — in the USA, some states still accept that marriage can take place without statutory formalities. To operate, there must be a present agreement to marry, cohabitation in fact and representation by the parties to the community that they are married …   Law dictionary

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