What is a formal probate proceeding?
It is the legal method of insuring that the creditors of an estate are paid and that the remaining property in the estate is distributed to the entitled persons. This process is carried out by the executor/administrator of the estate under the supervision of the Probate Division of the Superior Court. If the value of an estate is in excess of $100,000, a Court proceeding is commenced by filing a petition to admit a will to probate and/or appoint an administrator. After a hearing, the Court will issue its Order to admit the decedent’s will to probate and/or appoint a personal representative. Is there a less complicated way of handling small estates? A less formal procedure called Summary Administration applies to estates having a value of $100,000 or less. It is designed to permit administration with very little, and in some cases no, Court involvement. Only the Public Administrator is authorized by law to handle a Summary Administration. Should a beneficiary hire an attorney to represe
