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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.
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.
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.
Informal probate begins with an application to a probate registrar, followed by the probate registrar's review of the application, notice of informal probate, and a nonjudicial order by the probate registrar appointing the personal representative and opening the estate.