Legal Definitions - probate in common form

Probate in common form is a type of probate that is granted by the registry without any formal procedure in court, on the executor's ex parteapplication. This means that the executor can apply for probate without having to go to court. However, the judgment is subject to being reopened by a party who has not been given notice.

For example, if a person dies and leaves a will, the executor can apply for probate in common form by submitting the will to the registry. If the registry is satisfied that the will is valid, it will grant probate. However, if someone who has an interest in the estate was not given notice of the application, they can apply to have the judgment reopened.