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If the person died without a will, you can still proceed with informal probate if there is no dispute regarding the identity of the heirs. Formal probate means that the estate must be opened by filing a petition for a hearing before the probate court and can mean continued involvement of the court.
Informal probate requires that the deceased had a valid will at the time of death that has not been challenged and died less than 2 years before probate is opened. In an informal probate process, a personal representative is appointed by the court to administer the estate with minimal court supervision.
The personal representative must:Prepare an Inventory.Pay the Inventory fee.Give notice to known creditors and publish a notice to unknown creditors.Pay the taxes and file the final tax return for the decedent.Pay the bills of the estate and claims against the estate.Distribute the remaining assets as appropriate, and.More items...
Informal Probate is usually wrapped up within 6 to 8 months. Formal Probate may take a year or more to settle and close the estate.
Informal probate typically takes less than a year, and may take less than six months. However, if it extends for more than a year, you will need to file a Notice of Continuing Administration.