Informal Probate & Legal Procedures
Informal probate is a type of probate offered in states that follow the Uniform Probate Code (UPC). Only about 18 states have adopted the UPC, so not all estates will be eligible for informal probate. Informal probate simplifies the process of probate by removing the step-by-step oversight of the probate court. Instead, informal probate consists mostly of paperwork.
Eligibility for Informal Probate
The key requirement for informal probate is that there are no disputes to be resolved in court. A probate court dispute may involve a problem with a creditor or disagreements among beneficiaries. If an interested party plans to contest a will, the estate will not be eligible for informal probate. An estate will likely be eligible for informal probate if the use of the probate court will not be necessary to settle any disputes.
Applying for Informal Probate
A personal representative (the term that the UPC uses instead of executor) must apply for informal probate through the probate court. This may be as simple as checking a box on the probate petition, or it may involve additional documents. The court clerk’s office or a probate lawyer may have more information about informal probate procedures in a specific state.
A personal representative must apply for informal probate less than three years after the decedent's death. As part of the process, they may need to file documents such as a renunciation of the right to serve as the personal representative that is signed by any other person entitled to serve in that role. Many probate courts have informational packets available online or in the court clerk’s office that outline required and suggested forms. A court employee, sometimes called a "registrar," will approve the application, rather than a judge. Applications for informal probate are usually approved unless the application is filed after the deadline, the will (if any) appears invalid, or someone objects or begins a formal probate proceeding.
The Informal Probate Process
After an informal probate application is approved, a personal representative will be granted authorization to act on behalf of the estate. The authorizing document is sometimes called "Letters Testamentary," "Letters of Administration," or "Letters of Authority." A personal representative will also be responsible for formally notifying all known heirs, beneficiaries, and creditors, as well as any unknown interested parties, usually by posting a notice in the newspaper. The probate registrar will require proof that the representative has given adequate notice to all interested parties.
Next, a personal representative must prepare an inventory of the estate’s assets and respective values. This inventory is sometimes filed with the registrar or shown to the registrar and mailed to interested parties. The advantage of showing the registrar the inventory without filing it is that the inventory remains private. Once a personal representative has determined what is owed to whom, they may begin distributing property. However, it may be wise to wait until the deadline for creditors’ claims has passed before distributing property. The deadline is generally determined by state law and may appear in probate court documents. It is typically three or four months after creditors receive notice of the probate proceedings.
Finally, once all property is distributed, a personal representative may end probate and close the estate by filing additional documents. Again, most probate courts offer informational packets describing required and suggested forms. A representative will generally need to file a final accounting that shows how each estate asset was handled and a closing statement in which the representative confirms that they have paid all debts and taxes, appropriately distributed all property, and submitted the final accounting. Some courts also require that representatives send these documents directly to beneficiaries and creditors. Once all required documents are filed, the probate case will be closed.
