Maine Order - Formal Adjudication of Intestacy and Formal Appointment Without a Will or Formal Appointment without Simultaneous Probate
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FAQ
Informal probate is an administrative proceeding, which means that it is processed by a Massachusetts Uniform Probate Code (MUPC) Magistrate instead of a judge. The court doesn't allow hearings for this process.
Informal probate allows the estate to be probated through an administrative process without any court involvement and no court hearings. The estate is opened by an application and can be opened the day that the application is filed, or within a few days.
State courts typically contain a designated probate division, commonly called probate court.Probate court also ensures the remaining assets go to the proper people. Probate court selects the estate administrator when you die without a will. Generally the surviving spouse is appointed.
Formal probate involves a petition , a hearing or trial before a Judge or Court Commissioner who resolves the issues with a final court order . Informal Probate only requires an application, no hearing or trial, and is administered by a court official known as the Probate Registrar .
Determine a person died without leaving a will; b. determine the heirs of the decedent (the persons entitled to a share.
In general, there are two types of probate formal and informal. Formal probate is what most people think about when they hear the word probate.
Informal probate is handled by a magistrate, not a judge. There are no hearings. It is a simple, straightforward, expedited process. In fact, informal probate can be completed in as little as seven days after a loved one's death.
Informal Probate Vs. Formal Probate. According to Massachusetts law, informal probate is only applicable when all the beneficiaries and heirs agree to the decedent's division of assets. In case of disagreement between the beneficiaries, formal probate is needed for dividing assets.