The Short Answer

“Common form” and “solemn form” probate are terms you’ll often see in some states (including North Carolina), but they are not the way Florida probate is typically described. In Florida, the closest practical comparison is between (1) getting a will admitted to probate based on the type of proof required and (2) how “final” that probate is against later challenges—issues that can directly affect whether a will contest is still possible.

What Florida Law Says

Florida probate is an in rem proceeding, meaning the court’s orders are directed at the estate/property itself and can have broad, binding effect. Florida also has specific rules about how a will is proven (for example, whether it is “self-proved” or requires witness testimony) and what legal effect probate has in later disputes.

The Statute

The primary law governing this issue is Fla. Stat. § 733.103.

This statute establishes that, in collateral proceedings involving devised property, Florida probate is conclusive as to due execution, capacity, freedom from fraud/duress/mistake/undue influence, and that the will was unrevoked at death.

Relatedly, Florida law also addresses the proof needed to admit a will to probate—such as allowing a properly executed self-proved will to be admitted without further proof. See Fla. Stat. § 733.201.

So, if you’re asking because you’re worried about whether a will can be challenged later, the Florida question is less about “common vs. solemn form” labels and more about (a) how the will is admitted and (b) what deadlines and procedures apply to objecting or seeking revocation of probate once the estate case is opened.

If you want background on what happens when someone challenges a will in Florida, see: What happens if someone contests a will after it’s filed for probate in Florida?

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your situation is rarely simple—especially if your real concern is whether a will can be challenged (or defended) after it’s admitted. Legal outcomes often depend on:

• Strict Deadlines: Will challenges and petitions to revoke probate are time-sensitive, and missing a deadline can permanently change your leverage or rights.
• Burden of Proof: Claims like undue influence, lack of capacity, or fraud require specific evidence—often medical records, witness testimony, and financial documentation.
• Exceptions and Procedure Traps: Notice issues, standing (“interested person” disputes), and whether the will is self-proved can affect what must be proven and how aggressively the case must be litigated.

Trying to navigate this without counsel can lead to avoidable procedural mistakes, loss of rights, or a court order that becomes difficult to undo later.

Get Connected with a Florida Attorney

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Disclaimer: This article provides general information under Florida 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.