Application For Informal Probate
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How to fill out Application For Informal Probate?
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FAQ
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 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.
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 can be a faster process if you meet all the requirements.
The primary advantage of informal probate is that it can be done more quickly than a formal probate process. Under an informal probate, the appointment can be made in as little as 7 days after notification to the interested parties.
Probate means the Will is admitted as valid under South Carolina law. Informal probate admits the will as valid. Formal probate requires a hearing to confirm the validity of the will. If the will has erasures, white-out, or other markings, the Court requires a formal probate proceeding.