Tips about filing a Formal versus and Informal Petition for Probate of an Estate of Decedent
Often it is assumed that the Informal process is advantageous when there are certainly pitfalls involved.
Informal versus Formal Probate of Decedent's estateAn Informally appointed Personal Representative can be effectively removed by another person having priority filing a Formal Petition. This will stop you in your tracks as it were. Heirs are not determined, either, via an Informally appointed Personal Representative and this is needed in intestate situations with real estate involved. Where Mass Health Estate Recovery is involved, they can file a Formal Petition, also. In sum I don't see any real advantage to the Informal Appointment.
Informal Appointment is not always available and trying to go that route can have pitfalls.If not all the persons having priority are to your knowledge going to Assent to the Petition or not competent and lacking a fiduciary, it is not worth the trouble and may cause trouble by alerting others to the need to commence their own Petition filing. Also, if you are appointed Informally you would still need to contest the Formal Petition which is something the pro se Informally appointed Personal Rep may not know he or she should do.