SECTION 3-302 Uniform Probate Code . INFORMAL PROBATE; DUTY OF REGISTRAR; EFFECT OF INFORMAL PROBATE.

SECTION 3-302 Uniform Probate Code . INFORMAL PROBATE; DUTY OF REGISTRAR; EFFECT OF INFORMAL PROBATE. Upon receipt of an application requesting informal probate of a will, the Registrar, upon making the findings required by Section 3-303 shall issue a written statement of informal probate if at least 120 hours have elapsed since the decedent’s death. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. No defect in the application or procedure relating thereto which leads to informal

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probate of a will renders the probate void.
Comment
Sections 68 and 70 of the Model Probate Code (1946) contemplate probate by judicial order as the only method of validating a will. This “umbrella” section and the sections it refers to describe an alternative procedure called “informal probate”. It is a statement of probate by the Registrar. A succeeding section describes cases in which informal probate is to be denied. “Informal probate” is subjected to safeguards which seem appropriate to a transaction which has the effect of making a will operative and which may be the only official reaction concerning its validity. “Informal probate”, it is hoped, will serve to keep the simple will which generates no controversy from becoming involved in truly judicial proceedings. The procedure is very much like “probate in common form” as it is known in England and some states.