What Is “Probate in Common Form” in ME?

Short definition: Probate in common form is a streamlined way to admit a deceased person’s will to probate. It lets the probate court accept the will based on written proof (typically affidavits from the attesting witnesses or a self‑proving affidavit) without calling witnesses to testify in open court. This route is faster and less formal than a full in‑court (solemn‑form) proving of the will, but it is not final and can be contested.

How it works in Maine (overview)

1. Filing the papers: The person named as executor or another interested person files the original will and a petition to admit the will to probate in the local probate court.
2. Supporting proof: The petition usually includes written proof that the will was properly executed — for example, a notarized self‑proving affidavit attached to the will or affidavits from the witnesses who signed the will. If the original will is missing, the petitioner must explain the circumstances and provide secondary evidence under applicable provisions.
3. Court admission: If the court is satisfied with the written proof, it will enter an order admitting the will to probate in common form and appoint the personal representative (executor) if requested and otherwise appropriate.
4. Right to contest: Admission in common form creates prima facie evidence of the will’s validity, but interested persons retain the right to contest the will’s validity. If someone files a timely objection, the court can require a formal hearing or testimony (the equivalent of proving the will in solemn form).

Why people use common‑form probate

• Speed: Courts typically process common‑form admissions faster because they avoid live testimony.
• Lower cost: Fewer court appearances and less formal proof can reduce legal fees and administrative expense.
• Practical for uncontested estates: When heirs agree and the will appears regular, common form is often sufficient to begin administration.

Limitations and risks

Admission in common form is not the final word on a will’s validity. If an interested person believes the will is forged, that the testator lacked capacity, or that the will was procured by undue influence, they can seek to contest it. If a contest succeeds, the probate court can set aside the admission and require fuller proof or may decide that a different instrument controls. For estates with likely disputes, complex assets, or potential will‑contest issues, filing for a solemn‑form probate or consulting an attorney early is often safer.

Key Maine law sources

Maine’s probate procedures are set out in the Maine Probate Code (Title 18‑A). For general statutory text and procedures relating to wills and probate, see the Maine statutes for Title 18‑A: https://legislature.maine.gov/statutes/18-A/. For practical information about Maine probate court services, see the Maine Judicial Branch probate pages: https://www.courts.maine.gov/.

Example (hypothetical)

Mary dies leaving a typed will signed by her and witnessed by two friends. The will includes a notarized self‑proving affidavit signed by the witnesses. The person named as executor files the original will and a petition for probate in common form in the county probate court and attaches the self‑proving affidavit. The court admits the will in common form and issues letters testamentary to the executor so administration can begin. If Mary’s adult child later believes the will was signed under undue influence, they may file an objection and ask the court to require live testimony or a solemn hearing.

Helpful Hints

• Locate the original signed will. Courts usually require the original document to admit a will.
• Look for a self‑proving affidavit. A notarized affidavit signed by the testator’s witnesses makes common‑form probate straightforward.
• List interested persons early. Provide the court with a list of heirs and beneficiaries so the court can give required notices.
• File promptly. If you plan to contest a will, act quickly—statutory deadlines and local rules may limit when you can challenge admission.
• Be prepared to switch to solemn form. If someone objects, the court may require witness testimony or fuller proof; preserve witness contact information and any relevant records (medical records, communications, drafts of the will).
• Consider counsel for disputes or complexity. If the estate has litigation risk, significant assets, or complicated claims, a lawyer experienced in Maine probate law can explain options and deadlines.
• Check local probate court procedures. Each county’s probate register may have specific filing forms, fees, or notice requirements—contact the probate office or review the court website before filing.

Disclaimer: This article explains general concepts under Maine law and does not provide legal advice. It is not a substitute for speaking with a licensed attorney about your specific situation.