When someone passes away, their estate may need to go through probate. Probate is the legal process of managing and distributing assets based on an individual’s will. If they do not have a will, state laws will decide how the assets are distributed. There are two main types of probate: formal and informal. Understanding the difference can help families choose which is right for their situation.
When informal probate applies
Informal probate is the most common and straightforward type. People generally use it when the will is valid and under the following circumstances:
- Family members get along
- No concerns about fraud
- No missing documents
- No unclear wishes
During an informal probate, the court appoints a personal representative or executor. The representative manages the estate with limited court oversight. In other words, the judge does not stay involved throughout the process.
When formal probate is required
This process is more structured and involves greater court supervision. People use it when there are:
- Disagreements about the will
- Questions about its validity
- Uncertainty about who should oversee the estate
The court may hold hearings and require formal notices to all interested parties. If there is no will or the estate is quite complex, formal probate may also be necessary.
Making the right decision
Choosing between formal and informal probate depends on the facts of the estate. If the will is clear and the heirs agree on what should happen, they can choose informal probate. This process can save time and legal costs. On the other hand, formal probate may offer protection if there is a chance of conflict or confusion.
Get guidance before filing
Probate does not have to be overwhelming. However, the wrong process can create delays and stress. Speaking with an experienced estate attorney can help you decide which path is best for your family to avoid costly mistakes.