Nonintervention powers are the authority of a personal representative to make decisions and take actions in order to facilitate the settlement of an estate in a probate proceeding without having to obtain the approval of the probate court.
The court will grant nonintervention powers if:
- the estate is solvent;
- the person applying for nonintervention powers is the personal representative the testator named in the will;
- the will does not specify that the court not grant these powers;
- the personal representative was not a creditor of the testator at the time of the testator’s death; and
- the court determines that a grant of nonintervention powers will be in the best interest of the beneficiaries and creditors in the settlement and administration of the estate (and no one rebuts this presumption).1
If the court does not grant a personal representative nonintervention powers, he or she will have to seek court approval with regard to decision-making and taking most actions in facilitating the settlement of the estate.