When might informal probate be available for an estate?
Informal probate may be available for an estate when there is a valid will and no disputes among the involved parties. This streamlined version of the probate process allows for the settlement of an estate to proceed more quickly and with less direct court involvement compared to formal proceedings.1
In contrast, courts typically require more formal supervisionâoften referred to as probate in the "solemn form"âwhen there are concerns regarding the protection of heirs or when disputes arise that must be resolved through regular judicial proceedings.12
It is important to note that probate requirements are determined by state law, and smaller estates may qualify for even simpler procedures, such as using an affidavit to collect assets without undergoing the full probate process.1