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

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: