Unsupervised – Informal Estate
Informal Probate is a method of administering an estate of a deceased individual without the intervention of the Probate Judge. The Probate Register handles all Informal Probate files. Informal Probate preserves privacy. Administration of this type of estate should be simpler, faster, and less expensive.
Estates must be administered by the Informal Personal Representative or an attorney representing the Personal Representative. The Court cannot give legal advice, therefore, employees cannot assist in administering the estate. Court employees can provide direction and forms which would be required. It is the Personal Representative’s responsibility to comply with their statutory duties in the management of the estate.
How to Start an Informal Probate Estate
Filing Fee: $175 & $13 for certified letters
Documents to be Filed:
- File the Application for Informal Probate and/or Appointment of Personal Representative (PC 558) & (MC 97)
- NOTE: File in the Probate Court in the county where the deceased individual resided
- Testimony, Interested Persons (PC 565)
- Original Will, if testate
- Renunciations (PC 567) or a notice of intent (PC 557) may be required if no will is available
- Acceptance of Appointment (PC 571), (PC 97a) and Bond of Fiduciary (PC 570) if required by the Will
If a Will or Codicil is Involved:
The original must be filed with the Probate Court. If you have a copy of the will, you will not be able to file for Informal Proceedings. If there are issues which require the Judge’s ruling or order, you may file a Petition for Administration after Previous Adjudication (PC560), along with a $20 filing fee to convert the estate to a Formal Estate.
There are numerous documents which are required to be filed within the court file in an Informal Estate:
- Proof of Service (PC 564) for Notice of Appointment and Duties of Personal Representative (PC 573)
- Proof of Service (PC 564) for Notice Regarding Attorney Fees (PC 576), if an attorney is assisting in probating the estate
- Inventory (PC 577) – The original does not have to be filed, but it must be reviewed by the Probate Register to determine any inventory fee required
- Affidavit of Publication.
- Sworn Statement to Close Unsupervised Administration (PC 591)
Notice to Creditors:
The Notice to Creditors (PC 574) form must be completed and mailed to the local newspaper, along with the required publication fee. The Personal Representative shall publish notice in a local newspaper notifying creditors of the estate to present their claims within four months after the date of publication of the notice or be forever barred. The earliest an estate can be closed is five months from the date of commencement, provided the claims period of four months has elapsed.