Is the court authorized to hear the lawsuit to prove a testament that has been adjusted contrary to the formalities prescribed in the Probate Code (Ordinary Testament)? The answer to this question is important in that on the one hand, according to Article 291 of the Probate Code, a will that is made without considering the formalities provided in this Code is not acceptable in any of the official authorities, and on the other hand with the developments after the enactment of the Probate Code, including the views of the Constitutional Council and the amendments to the Civil Code, the possibility of invalidity of the above provision is raised. In answer to this question, by studying a new sentence issued by one of the civil courts of Tehran, by a library method, this article wants to prove the hypothesis that even after these developments, the lawsuit to prove the ordinary testament can not be heard; because, firstly, the views of the Constitutional Council are not capable to permit to hear such a lawsuit, and secondly, the amendments to the Civil Code on the evidence and the modification of the maximum validity of documents also can not alter the well-founded situation of the Probate Code.