What is the difference between common and solemn form probate in North Carolina? - Pennsylvania
The Short Answer
“Common form” and “solemn form” probate are concepts most commonly associated with North Carolina practice, not Pennsylvania. In Pennsylvania, wills are generally admitted to probate through the county Register of Wills based on required proof (often via witness oaths or a self-proving affidavit), and disputes are handled through the Orphans’ Court process rather than choosing between “common” versus “solemn” form.
What Pennsylvania Law Says
In Pennsylvania, the focus is on whether the will can be admitted to probate based on legally sufficient proof of execution. Typically, a will is proved through witness testimony/oaths, and if the will is “self-proved,” the Register of Wills can accept the self-proving affidavit as proof unless there is a contest over validity.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 3132.1.
This statute establishes that, unless there is a contest (or certain execution issues like a signature by mark/another person), a properly executed self-proving affidavit may be accepted by the Register of Wills as proof for probate.
Relatedly, Pennsylvania also sets out how wills are proved when they are not self-proved, including preferences for proof by subscribing witnesses in many situations. See 20 Pa.C.S. § 3132.
Why You Should Speak with an Attorney
Even though Pennsylvania’s probate “proof” rules can sound straightforward, problems often arise when family members disagree or when the will’s execution is questioned. Legal outcomes often depend on:
- Strict Deadlines: If someone plans to challenge the will, timing and the posture of the case can matter a lot—waiting too long can limit options.
- Burden of Proof: Disputes can turn on evidence about capacity, undue influence, or whether the will was properly executed and witnessed.
- Exceptions: Self-proving affidavits generally streamline probate, but they do not prevent a contest; once there’s a challenge, the matter can shift into litigation in Orphans’ Court.
If your real concern is whether a will can be challenged (or how to defend a will), it’s smart to get advice early. For more background, see How Do I Contest a Will in Pennsylvania? and What Is the Deadline to Contest a Will in Pennsylvania?.
Get Connected with a Pennsylvania Attorney
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.