What is Probate?
Probate is the legal process that governs how a deceased person’s assets are distributed upon their death. One way to think about the probate process is that it acts as ‘the script’ for how things go after someone passes away.
What is Probate?
Probate is the legal process that governs how a deceased person’s assets are distributed upon their death. One way to think about the probate process is that it acts as ‘the script’ for how things go after someone passes away.
The probate process will depend on whether your state has adopted the Uniform Probate Code (UPC). The UPC is an act drafted by the National Conference of Commissioners on Uniform State Laws. The act’s primary purpose is to streamline and standardize the probate process.
Here is a copy of the most recent Uniform Probate Code.
16 states have adopted the UPC in its entirety. These states are:
Alaska
Arizona
Colorado
Florida
Hawaii
Idaho
Maine
Michigan
Minnesota
Montana
Nebraska
New Mexico
North Dakota
South Carolina
Utah
The remaining states have not adopted the UPC. Some states adopted parts of the UPC, which can be seen in this chart.
The image below shows non-UPC states (green) and UPC states(red).
There are 3 kinds of probate in UPC states.
Informal Probate: This probate process is used when inheritors are getting along and there are no problems (or expected problems) with creditors. This probate process requires no court hearings; it is just paperwork. Informal probate cannot be used if someone wants to content the proceeding.
Here are the steps involved with Informal Probate:
Unsupervised Formal Probate: This probate process is similar to Informal Probate, but is used when there is a reason to involve the court. This probate process is used when there is no valid will at the time of death (also known as intestate succession.)
Steps involved with Unsupervised Formal Probate:
Supervised Formal Probate: This is the rarest form of probate. This probate process is used when a court feels that it must supervise the probate process. This process follows the same general process as Unsupervised Formal Probate, but the judge might require more of you.
The Probate Process for Non-UPC States
No one state will have the same non-UPC probate process. This is just an outline, but many states follow this closely.
Related Links:
Death Without a Will: Now What?