common form of probate

See probate in common form.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • 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

  • 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

  • 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

  • common probate — See probate in common form …   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

  • 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

  • common law — 1. the system of law originating in England, as distinct from the civil or Roman law and the canon or ecclesiastical law. 2. the unwritten law, esp. of England, based on custom or court decision, as distinct from statute law. 3. the law… …   Universalium

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