probate in solemn form

probate in solemn form
A proceeding by the executor or other proponent of a will to obtain the admission of the propounded instrument to record as a valid will, under summons to interested parties calling upon them to witness the proceeding and to take whatever part therein they see fit. An adversary proceeding upon notice or citation in which parties in interest opposed to the will have the opportunity to contest its validity. 57 Am J1st Wills § 758.

Ballentine's law dictionary. . 1998.

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

  • 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… …   Ballentine's law dictionary

  • solemn form — noun : the form of probate of a will where the will is decreed in open court to be the last will and testament after notice to all interested persons and after hearing the testimony of the attesting witnesses …   Useful english dictionary

  • Solemn — Sol emn, a. [OE. solempne, OF. solempne, L. solemnis, solennis, sollemnis, sollennis; sollus all, entire + annus a year; properly, that takes place every year; used especially of religious solemnities. Cf. {Silly}, {Annual}.] 1. Marked with… …   The Collaborative International Dictionary of English

  • Solemn League and Covenant — Solemn Sol emn, a. [OE. solempne, OF. solempne, L. solemnis, solennis, sollemnis, sollennis; sollus all, entire + annus a year; properly, that takes place every year; used especially of religious solemnities. Cf. {Silly}, {Annual}.] 1. Marked… …   The Collaborative International Dictionary of English

  • 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

  • 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 proceeding — A proceeding in the probate court, usually upon notice of motion or order to show cause. Sometimes upon summons or other formal process as in the probate of a will in solemn form. A civil action for the purpose of a statute which disqualifies a… …   Ballentine'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

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