PROBATE OF WILL WITHOUT ADMINISTRATION OF ASSETS

Where there are no probate assets to be administered, and no will has been admitted to probate or a determination of heirs made in this jurisdiction or elsewhere, any interested person may file an application with the registrar or petition the court to probate the will of a deceased without the appointment of a personal representative and without continued administration. The content of the application or petition and the notice requirements (other than notice to creditors) shall be substantially similar to those for informal or formal probate of a will, as the case may be. COMMENTARY: Often a will contains clauses that nominate conservators of minors or incompetents or that exercise a power of appointment. If there are no probate assets, this rule allows the court to pass on the validity of a will without any other action. (Amended November 12, 1997, effective December 15, 1997; further amended April 28, 2006, effective July 1, 2006.)