Formal probate can be unsupervised or supervised. Both are court proceedings.
- In an unsupervised formal probate, the judge must approve certain actions taken by the Personal Representative, such as paying attorney fees, distributing assets, or selling estate property. The purpose of involving the court is to have a judge determine the meaning of the will or amounts due to creditors and to settle disputes over the distribution of assets among beneficiaries.
- In a supervised formal probate, a judge supervises the entire process. In this type of proceeding, all distribution of property must be approved by the court.