Elder Law - Informal Probate of a Will

Informal Probate is available to avoid attending a court hearing. An "Application" is filed with the Court along with the original Will.

Although not necessary, a "Consent and Waiver" is often filed for each named beneficiary in the decedent's Will. If Signing Documentall beneficiaries sign a Consent and Waiver, then the Court Clerk can issue Letters of Personal Representative upon the filing of a Statement of Informal Probate, which is prescribed by the Probate Code. If all of the beneficiaries don't sign a Consent and Waiver, then the Probate Court Clerk will mail a notice to the beneficiaries and wait for at least 10 days and then if there are no objections, the Clerk will issue Letters of Personal Representative. "Letters" is the term of art used to designate the official appointment of a person under the Probate Code. This may be a Personal Representative for the administration of a decedent's estate or it may be a Conservator for the administration of the estate of a protected person. It may also be a Guardian for an incapacitated person.

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