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If at any time a party in the proceedings decides that he or she wants to switch to formal probate, he or she can file a petition with the court to allow for formal administration. If you decide to use informal probate, you do not have to hire an attorney, but it is still advised that you do so.
Most estates go through formal administration, which is the process of executing someones will (if there is one) and distributing assets to named beneficiaries.
Formal Probate: Necessary when there are disputes over the will, disagreements among heirs, or contested claims. Informal Probate: Best for uncontested estates with a valid will and agreement among beneficiaries.
Informal administration is the administration of a decedents estate, with or without a Will, without the continuous supervision by the court. Informal Administration is supervised by the Register in Probate.
Formal administration is the most common form of probate. During formal administration, the probate court validates the decedents will, creditors make claims against the estate, the estate is valued, and assets are distributed to beneficiaries.
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Formal Probate: High level of court supervision, with multiple hearings and judicial oversight. Informal Probate: Minimal court involvement, with fewer hearings and more autonomy for the personal representative.
The formal probate administration usually takes 6-9 months under most circumstances - start to finish. This process includes appointing a personal representative (i.e., the executor), a 90 days creditors period that must run, payment of creditors claims and more.
California: Probate should be filed within 30 days of the persons death.

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