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.
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.
No comments:
Post a Comment