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Estate Planning: Informal and Formal Probate

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Estate Planning: Informal and Formal Probate

January 18, 2024

By Johnson/Turner Legal

Estate Planning: Informal and Formal Probate

January 18, 2024

By Johnson/Turner Legal

Estate Planning: Informal and Formal Probate

Understanding the Probate Process in Estate Planning

Estate planning involves numerous decisions, from financial planning to selecting beneficiaries for your will or trust. An aspect not directly in your control is whether your estate undergoes informal or formal probate. Although this decision is usually made by your personal representative, understanding both processes is essential.

Informal Probate: A Streamlined Approach

Informal probate commences with the personal representative applying to a probate registrar, bypassing judicial involvement. Accuracy in paperwork is crucial in informal probate, as there won’t be a hearing. The application must include detailed information about the heirs, estate assets and debts, and decedent’s personal details.

In some regions, this application must be presented in person, while in others, mailing it is sufficient. Once approved, the personal representative receives letters testamentary, authorizing them to settle the estate, including debt payments and asset liquidation. Informal probate typically involves minimal court oversight.

Formal Probate: When Court Involvement Is Necessary

Formal probate starts with a petition to a judge to validate the will, appoint a personal representative, and identify the heirs. It may include a request for supervised proceedings, where the court must approve heir distributions. This process is suited for situations involving minors as heirs, disputes over the will’s validity, or uncertainty about the personal representative’s appointment.

Expert Legal Support in Probate Matters

At Johnson/Turner, we specialize in guiding clients through various probate issues. Whether your estate planning involves informal or formal probate, our expertise can help you navigate these processes effectively. Contact us at (320) 299-4249 to discuss your specific needs and how we can assist in making your estate planning as smooth as possible.

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