Prove a Will in Solemn Form

Proving a will in solemn form means the propounder (the person putting forth the will as the valid, last, will and testament) must prove that:

• the will was properly signed;
• the deceased had testamentary capacity; and
• the deceased had knowledge and approval of the contents of the will.

Usually, the person who propounds the will is the executor. They either do this voluntarily (because they consider it their job as the named executor), or if the court orders them to do it.

In proceedings to prove a will in solemn form, the court will also address any allegations of suspicious circumstances, undue influence, mistake, revocation, public policy, fraud, and the like.

Proceedings to prove a will in solemn form are heard in open court as part of a claim to challenge the validity of the will. Notice of proceedings must be given to all parties having a financial interest in the estate, whether they are named in the will or not.

If the will is proven in solemn form, the validity of the will cannot later be challenged, unless it is later proven that the will was procured through fraud or unless a later will is located.