topic | opening probate

Step: open regular probate - upc states

Sixteen states have adopted the Uniform Probate Code (UPC) in its entirety. The UPC is a set of laws designed to simplify the probate process. The UPC designates three types of regular probate: informal, unsupervised formal, and supervised formal probate. Informal probate is the most desirable due to:

  • simplistic nature
  • lack of restrictions regarding an upper limit for estate value
  • no formal hearings
  • less time required by the executor
  • less money required
  • representation by an attorney is optional

Activity 1
– Determine if the Estate Qualifies for Informal Probate

Consider the following:

  • Are problems with creditors anticipated?
  • Will heirs dispute the distribution of the estate?
  • Is there a conflict regarding the appointment of the estate administrator?
  • Are there issues regarding the decedent’s paternity, common law spouse, ex-spouse, presumed spouse, or living partner?
  • Are there likely disputes regarding fees payable to fiduciaries, attorneys, accountants, etc.?


Consider the following question to continue:

Did you answer yes to any of the above questions?





(if this Step is complete) 		Continue
to Next Step



n/a

This site is published for residents of the United States only. Registered representatives and investment advisor representatives may only conduct business with residents of the states and jurisdictions in which they are properly registered.

The information in this site does not constitute legal or tax advice. It is provided solely for general informational purposes and may not be applicable to specific fact patterns. You should consult with an experienced legal or tax professional licensed in your state before acting on any of the information described on this site.

To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. Federal tax advice contained in this site was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

Providers listed on this site that have not been specifically identified as having passed the 15-point background check are provided for your information only. The PROvision Network does not endorse, nor accept any responsibility for the quality of their services. The PROvision Network does not independently verify their information, nor do we guarantee its accuracy.

No fees have been paid to The PROvision Network for inclusion in our general provider listings. These listings are provided for your convenience. Other than specifically stated, The PROvision Network may receive paid compensation for paid adverting from companies listed on this site.

The accuracy of information put into the EstateDigitalLockbox isn't guaranteed by The PROvision Network. It's only as accurate as your input.

We strive to keep information up-to-date, but The PROvision Network doesn't purport this site to have up-to-the minute accuracy at all times.

Links on this site are provided for your information only. Since they are provided by third parties, The PROvision Network does not endorse, nor accept any responsibility for the content or damage or loss resulting from your use of these sites. The PROvision Network does not independently verify this information, nor do we guarantee its accuracy or completeness.