Formal Probate

Formal Probate is a court proceeding to probate a will and/or appoint a personal representative of an estate. Formal probates are started by filing a Petition with notice to interested persons required to be given at least 14 days prior to the hearing before a judge for the appointment of the personal representative. Formal probates may only be filed in district court (see Sections 45-3-401 through 45-3-414).