A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case. Informal probate is the process for asking the court to appoint a personal representative for a decedent's estate without a hearing.A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. Step 1: Decide if this is the right process for you. The first step is to file the "Petition to Set Aside without Administration" with your local probate court. Residents to fill out the survey on the website. Bank of America, National Trust and Savings Asso. , Executor of the Estate of William B. Beaizley __-_-------------. Proposed respondent admits all the jurisdictional facts set forth in the draft complaint. 3. On January 2, 1989, Mr. Fox fied a Motion to Set Aside the De- fault Judgment.