Probate Registrars work for the court, and they process all estates that are filed as "informal probate" (unsupervised) cases. Informal probate is a court process designed for estates that do not involve any uncertainties, legal disputes, or complex administrative requirements.
Registrars may decline an application for informal probate if it fails to meet the statutory requirements or if the estate is deemed to be unsuitable for informal probate. This does not preclude appointment in "formal" proceedings before the court.
An application for informal probate will
not be accepted if any of the following conditions apply:
- The estate is insolvent;
- There are unknown or missing heirs in intestacy;
- There is a missing devise(s) in a testate estate;
- Lost Will;
- The original Will has date problems or has markings on it that require a Will construction or that change an amount of a distribution;
- There is disagreement among the heirs or devisees;
- There is a distribution to a special needs trust;
- There are outright distributions to a minor;
- Minor child, surviving spouse and homestead in intestacy;
- Minor bequest to an unnamed custodian;
- Not all nominations/renunciations filed;
- Non-family member attorney to serve as a personal representative.
The Registrars conduct informal hearings with attorneys and self-represented litigants. The informal hearing consists of a review of the application, will and other supporting documents required to commence the informal probate proceeding. The application is either accepted or denied based on compliance with state statutes, court rules and court policies. If the application is accepted, the Personal Representative is appointed by Probate Registrar to administer the estate. The Registrars can be reached via email.
