When must a formal probate of a Will be opened?

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When must a formal probate of a Will be opened?

My mother is sole heir to my grandmother’s estate, including the home. My mother wishes to keep the home; total estate is valued under 1 million. Want to petition for an informal probate verses a formal probate.

Asked on November 8, 2011 under Estate Planning, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your state allows an informal probate of a Will, then possibly your mother can seek such a proceeding. However, before she does so, she should consult with an experienced Wills and trust attorney about the process.

My experience is that an informal probate occurs in a situation where the deceased's estate is relatively small, less than $100,000. The facts that you have written about do not seem to justify an informal probate.

An informal probate is also a process designed to get the probate process done quickly and for little costs. Good luck.


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