Section 3-305
(a)
If the magistrate is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of sections 3–303 and 3–304 or any other reason, the magistrate may decline the petition. A declination of informal probate is not an adjudication and shall not preclude formal probate proceedings.
(b)
[There is no subsection (b).]
Comment
The purpose of this section is to recognize that the Magistrate should have some authority to deny probate to an instrument even though all stated statutory requirements may be said to have been met. Denial of a petition for informal probate cannot be appealed. Rather, the proponent may initiate a formal proceeding so that the matter may be brought before the judge in the normal way for contested matters.