topic | opening probate

Step: open regular probate - upc states

Sixteen states have adopted the Uniform Probate Code (UPC) in its entirety. The UPC is a set of laws designed to simplify the probate process. The UPC designates three types of regular probate: informal, unsupervised formal, and supervised formal probate. Informal probate is the most desirable due to:

  • simplistic nature
  • lack of restrictions regarding an upper limit for estate value
  • no formal hearings
  • less time required by the executor
  • less money required
  • representation by an attorney is optional

Activity 1
– Determine if the Estate Qualifies for Informal Probate

Consider the following:

  • Are problems with creditors anticipated?
  • Will heirs dispute the distribution of the estate?
  • Is there a conflict regarding the appointment of the estate administrator?
  • Are there issues regarding the decedent’s paternity, common law spouse, ex-spouse, presumed spouse, or living partner?
  • Are there likely disputes regarding fees payable to fiduciaries, attorneys, accountants, etc.?

Consider the following question to continue:

Did you answer yes to any of the above questions?

(if this Step is complete)
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