When must a formal probate of a Will be opened?

UPDATED: Nov 8, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption