What is a “Set Aside Petition”?

When a decedent passes away and the net value of the estate does not exceed $20,000 as of the date of death, the surviving spouse or registered domestic partner of the decedent may request that the estate be “set aside” without having to go through full formal probate. This simplied procedure requires filing a “Set Aside Petition” with the court and can only be filed by the Executor of the Will, surviving spouse, guardian of the minor child, or the personal representative.

Holly M. Nabiey
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Holly M. Nabiey is an estate planning attorney at Roberts & Associates.