Detailed answer: What probate in common form means under Ohio law

“Probate in common form” is a streamlined way to admit a decedent’s will to probate when no one challenges the will’s validity. In Ohio, courts use two basic procedures when a will is offered for probate:

• Common form (often called informal or summary probate): The court admits the will based on the paperwork presented (the original will, a death certificate, and required affidavits or proofs) without live testimony. The clerk or judge issues letters testamentary (or letters of authority) so the personal representative named in the will can act.
• Solemn form (formal probate): The will is admitted only after formal proof, usually by the testimony of subscribing witnesses under oath or other court-ordered proofs. Parties may use solemn form when someone contests the will’s validity or when the proof on the face of the will is insufficient.

Ohio’s statutory framework for wills and probate procedure governs these processes; see the Ohio Revised Code chapters that cover wills and probate court matters for more detail, for example the statutes on wills and probate practice: Ohio Rev. Code ch. 2107 (Wills) and related probate chapters such as Ohio Rev. Code ch. 2113 (Descent and Distribution).

When is common form appropriate?

Common form is appropriate when:

• The original will is presented to the probate court.
• The will appears to be valid on its face (e.g., signed and witnessed, or accompanied by a self-proving affidavit when applicable).
• No interested person has filed a contest (a caveat or other formal objection).

If these conditions are met, the probate clerk or judge typically admits the will in common form, issues letters to the named executor, and the estate administration proceeds without a formal hearing.

What happens if someone contests the will?

If an interested person files a contest or a caveat, the court may require probate in solemn form. Solemn form requires sworn testimony (usually from subscribing witnesses) or other proof of the will’s validity. Solemn form gives parties a formal record and is used when there is a dispute over authenticity, signature, capacity, undue influence, or similar issues.

Practical effects for the named personal representative

When a will is admitted in common form, the personal representative (executor) receives authority to collect assets, pay debts and taxes, and distribute the estate according to the will. That authority is generally the same as in solemn form, but common form is usually faster and less costly because it avoids formal proceedings unless someone timely contests the will.

Hypothetical example

Example: Jane dies leaving a written will that names Tom as executor. The original will is signed by Jane and witnessed, and the witnesses signed a self-proving affidavit. Tom files the original will and a death certificate with the local probate court. No one files an objection. The court admits the will in common form and issues letters testamentary to Tom so he may begin administering the estate.

Where to find the rules and more detail

Ohio’s probate statutes and local probate court rules control exact filing requirements, forms, notice obligations, and deadlines. For the statutory text on wills and probate procedures, review Ohio Revised Code chapter 2107 and related chapters: ORC ch. 2107. For county-level practice, check your local probate court’s website for required forms and filing instructions.

Helpful Hints

• Bring the original will. Courts nearly always require the physical original document to admit a will in common form.
• Obtain a certified death certificate before filing; probate courts require it with a will petition.
• Ask whether the will includes a self-proving affidavit. A properly executed self-proving affidavit can simplify admission in common form.
• File quickly if you are the named executor. Prompt filing allows you to obtain letters and begin estate administration sooner.
• If you are an heir or person who might object, ask the probate clerk about the local deadline and procedure to file a caveat or contest. Courts have strict timing and procedural rules for contests.
• Use the probate court’s checklist and forms. Many Ohio probate courts publish step-by-step guides and forms online to help with a common-form probate filing.
• Consider a brief consultation with a probate attorney if the estate is complex, includes real estate, or potential disputes exist—especially before filing or before responding to a contest.
• Keep records and proofs of notices, asset inventories, and distributions. Even in common-form probate, good records protect the personal representative and heirs.