Prove a Will

“Proving” a will means showing the court that the will is the last will and testament of the deceased.

That said, however, there are two ways or proving a will−in “common” form and in “solemn” form−and the process is very different for each.

Proving a will in “common” form just means “probating” the will. This is the typical process. Probating a will is explained in detail in the article What Does it Mean to “Prove” a Will in Common Form?

The less common way of proving a will is in “solemn” form. This means proving in open court that, among other things, the deceased had mental capacity, was not unduly influenced, and signed the will in front of witnesses. An executor may be asked (or court ordered) to prove a will in solemn form if someone challenges the will. This sometimes happens if the deceased failed to leave an inheritance for their partner or child, or where the deceased’s will appears to have been written under suspicious circumstances (e.g., perhaps the deceased suddenly cut family members out of the will and left everything to a new, much younger caregiver). The person who did not inherit under the will might believe the deceased’s will is invalid and try to challenge it. This is explained in detail in the article What Does it Mean to “Prove” a Will in Solemn Form?