Monday, April 20, 2015

SECTION 3-305 Uniform Probate Code. INFORMAL PROBATE; REGISTRAR NOT SATISFIED.


SECTION 3-305 Uniform Probate Code. INFORMAL PROBATE; REGISTRAR NOT SATISFIED. If the Registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of Sections 3-303 and 3-304 or any other reason, he may decline the application. A declination of informal probate is not an adjudication and does not preclude formal probate proceedings.
Comment
The purpose of this section is to recognize that the Registrar should have some authority to deny probate to an instrument even though all stated statutory requirements may be said to have been met. Denial of an application for informal probate cannot be appealed. Rather, the proponent may initiate a formal proceeding so that the matter may be brought before the judge in the normal way for contested matters. 

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