Depending on the circumstances, an estate can be opened both formally and informally when starting a probate case. The main difference is the amount of court oversight and whether the court makes a formal finding of the petitioned facts.
When opening a formal case, the petitioner must send notice of their intent to be appointed as personal representative and allow a time period for potential objections before being appointed.
In an informal estate, the applicant applies directly to the court and informs interested parties of their appointment after it occurs. A formal filing is most often recommended in cases with factual disputes or complications, and a formal finding from the court is advised.
For example, it may be advisable to formally open a probate estate if the decedent executed multiple wills and there is uncertainty about which will be followed. In certain circumstances, a party may officially request the court to supervise the estate’s administration.
Among other reasons, this is often requested when the personal representative’s ability or intent to administer the estate properly comes into question. Still, there may not be grounds to remove them as the acting personal representative for the estate. Estate closings can similarly be formal or informal.
It would best benefit you to contact a Probate Lawyer Colorado Springs residents turn to when needing help with their probate matter. The Colorado Springs Probate attorneys at Baker Law Group have years of experience serving their clients.