What is Informal Probate
Informal probate, a streamlined process available in states following the Uniform Probate Code (UPC), simplifies the probate journey for eligible estates. However, only about 18 states have adopted the UPC, so not all estates qualify for this hassle-free route. (Virginia does not follow the Uniform Probate Code.) Informal probate largely entails paperwork, omitting the courtroom scrutiny seen in traditional probate proceedings.
The following 18 states have completely adopted the UPC:
- Alaska
- Arizona
- Colorado
- Georgia
- Hawaii
- Idaho
- Maine
- Massachusetts
- Michigan
- Minnesota
- Montana
- Nebraska
- New Jersey
- New Mexico
- North Dakota
- South Carolina
- South Dakota
- Utah
The following 32 states have only adopted some or none of the UPC:
- Alabama
- Arkansas
- California
- Connecticut
- Delaware
- Florida
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maryland
- Mississippi
- Missouri
- Nevada
- New Hampshire
- New York
- North Carolina
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- Tennessee
- Texas
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Eligibility Check for Informal Probate
To qualify for informal probate, there should be no unresolved disputes requiring court intervention, such as creditor issues or beneficiary disagreements. If anyone intends to contest the will, informal probate isn’t an option. Essentially, the estate must sail through without needing the court’s involvement in dispute resolution.
Getting Started
To kickstart informal probate, the personal representative (akin to an executor under the UPC) initiates the process through the probate court. This could be as straightforward as ticking a box on the probate petition or may necessitate additional documentation. For state-specific procedures, consult the court clerk’s office or a probate attorney.
Time Limit and Application
The application for informal probate must be filed within three years of the decedent’s passing. Alongside the application, documents such as a renunciation of the right to serve as the personal representative, signed by any alternative appointee, may be required. Many probate courts provide informational packets detailing necessary forms. Unlike formal probate, where a judge decides, approval in informal probate lies with a court employee, often referred to as a “registrar.” Unless filed late, the will appears invalid, or objections arise, informal probate applications typically gain approval.
The Informal Probate Journey
Once the application sails through, the personal representative receives authorization to act on behalf of the estate, often accompanied by documents termed “Letters Testamentary,” “Letters of Administration,” or “Letters of Authority.” The representative must then formally notify all relevant parties, including heirs, beneficiaries, creditors, and potentially unidentified interested parties, typically via a newspaper notice. The registrar ensures adequate notice provision.
Subsequently, the representative compiles an inventory of the estate’s assets and their respective values. While this inventory may be shown to the registrar and shared with interested parties without filing, opting not to file maintains privacy. Distribution of assets may commence once the deadline for creditors’ claims has elapsed, usually three to four months post-notice.
Closing Formalities
Closing the estate involves filing additional documents, often detailed in court-provided informational packets. These documents typically include a final accounting, showcasing asset handling, and a closing statement, confirming debt settlement, tax payment, property distribution, and final accounting submission. Some courts mandate direct distribution of these documents to beneficiaries and creditors. Once all requirements are met, the probate case concludes.