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
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:
(if this Step is complete)
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