Do I have to probate an estate?

Not always. Assets that pass by beneficiary designation, joint ownership with survivorship or a trust usually pass outside probate, and a small estate may qualify for a small-estate affidavit or a simplified procedure. Check your state's rules before deciding whether a petition is needed.

Does the executor named in the will have authority right away?

No. Being named in the will makes a person eligible to be appointed, but authority over estate assets begins only when the court appoints them and letters issue. Acting before then can expose the person to personal liability.

Who can file a petition for probate?

Generally any interested person, such as the executor named in the will, a surviving spouse, an heir or a beneficiary. The petitioner does not have to be the person asking to serve, though in most cases they are the same.

Who gets appointed as personal representative?

The court applies state priority rules, which usually start with the executor named in the will, then a surviving spouse and then other heirs. The court also checks that the person is qualified to serve, so appointment is never guaranteed.

What if there is no will?

The estate is handled under the state's intestacy laws. The petition asks the court to appoint an administrator and lists the heirs who inherit by law, with their relationships to the decedent and their addresses.

Will I need to post a bond?

Possibly. A bond protects the estate if the personal representative mismanages it. Many wills waive bond, and many states let heirs or beneficiaries consent to a waiver, but the court decides whether a bond is required and in what amount.

Who has to be notified after the petition is filed?

Heirs and beneficiaries usually receive notice of the petition or the hearing under state rules. Creditors usually receive notice once a personal representative is appointed, which starts the period for filing claims against the estate.

Is there a deadline to file a petition for probate?

Some states set a deadline to offer a will for probate or to seek letters, and many require whoever holds the original will to deliver it to the court. The court clerk can tell you which time limits apply where the decedent lived.

What happens if someone contests the will?

A will contest or an objection to who should serve is a separate proceeding with its own rules and deadlines. If a dispute is likely, attorney review is available before you file.

Petition for Probate

Q: What is a petition for probate?

It is the court filing that opens a deceased person's estate. It asks the probate court to admit the will, if there is one, and to appoint a personal representative who will collect assets, pay valid debts and distribute what remains under the will or the intestacy laws.

Ask the probate court to admit a will, if there is one, and appoint a personal representative to manage the estate.

Find out where you stand — what state are you in?

DocDraft provides document preparation, not legal advice.

Introduction

When someone dies, a surviving spouse, an adult child or the executor named in the will often needs court authority to collect assets, pay debts and transfer property. A petition for probate opens the estate. It asks the probate court to admit the will, if there is one, and to appoint a personal representative, called an executor when named in a will and an administrator when there is no will or no executor can serve. Nobody has legal authority over estate assets until the court makes that appointment and issues letters, and being named executor in a will does not change that. The court applies priority rules and decides who serves, so appointment is never guaranteed. Filing usually starts notice duties to heirs, beneficiaries and creditors, and the court may require a bond unless it is waived. Not every estate needs probate: assets that pass by beneficiary designation, joint ownership with survivorship or a trust usually pass outside it. Rules, forms and deadlines differ by state, so check your state's requirements below before you file.

Key Things to Know

1
The petition is filed with the probate court (or the office that handles probate) in the county where the decedent lived. Many states publish an official petition form, and where one exists, the court's form controls.
2
Nobody has authority over estate assets until the court appoints a personal representative and letters issue. A person named as executor in a will cannot sell property, close accounts or pay heirs before that appointment.
3
Not every estate needs probate. Assets with a beneficiary designation, property held in joint ownership with survivorship and assets in a trust usually pass outside probate, and a small estate may qualify for a small-estate affidavit instead.
4
The court decides who serves. State priority rules usually favor the executor named in the will, then a surviving spouse, then other heirs, and the court also checks qualifications such as age, residency and criminal history.
5
Heirs and beneficiaries must receive notice of the petition under state rules, and creditors usually receive notice once a personal representative is appointed so they can file claims within a set period.
6
The court may require the personal representative to post a bond that protects the estate. A will can waive bond, and in many states the heirs or beneficiaries can consent to a waiver, but the court has the final say.
7
Many states offer simplified, independent or unsupervised administration that reduces court involvement. Some states also set a deadline to offer a will for probate, so file promptly and ask the court clerk about any time limits.

Probate court, petition forms and simplified options by state

Which court or office opens an estate, whether your state publishes an official petition form, and the simplified procedure it offers. Open your state's page before you file.

State	Court	Official petition form	Simplified option
Alabama	Probate court	See the state page	Summary distribution
Alaska	Superior Court	P-315, P-325, P-330	Informal probate; small estate procedure
Arizona	Superior Court (registrar for informal probate)	See the state page	Informal probate; summary procedure
Arkansas	Circuit court, probate division	See the state page	Small estate affidavit; unsupervised administration
California	Superior Court	DE-111 (mandatory)	Independent administration (IAEA)
Colorado	District court (Denver Probate Court in Denver)	JDF 910 (informal), JDF 920 (formal)	Informal probate; small estate affidavit
Connecticut	Probate Court of the probate district	PC-200	Affidavit in lieu of probate (small estates)
Delaware	Register of Wills (county officer)	See the state page	Distribution by affidavit
Florida	Circuit court, probate division	See the state page	Summary administration
Georgia	Probate court	GPCSF series (see the state page)	Order that no administration is necessary
Hawaii	Circuit court, probate (registrar for informal)	See the state page	Small estate affidavit; clerk administration
Idaho	Magistrate division of the district court	See the state page	Small estate affidavit; summary administration
Illinois	Circuit court	See the state page	Independent administration
Indiana	Circuit or superior court	See the state page	Unsupervised administration
Iowa	District court sitting in probate	See the state page	Small estate administration
Kansas	District court	See the state page	Simplified estates act
Kentucky	District court	AOC-805	Dispensing with administration
Louisiana	District court (succession)	See the state page	Independent administration; small succession
Maine	County probate court	DE-201(I), DE-101(I), DE-201	Informal probate; small estate procedure
Maryland	Register of Wills; Orphans' Court if judicial	Form 1112 (regular), 1103 (small)	Small estate; modified administration
Massachusetts	Probate and Family Court	MPC 150 (informal), MPC 160 (formal)	Informal probate; voluntary administration
Michigan	Probate court (register for informal)	PC 558 (informal), PC 559 (formal)	Informal probate; small estate
Minnesota	District court (registrar for informal)	PRO802, PRO702 (informal)	Informal probate; summary assignment
Mississippi	Chancery court	See the state page	Small estate affidavit; muniment of title
Missouri	Circuit court, probate division	See the state page	Small estate affidavit; independent administration
Montana	District court (clerk for informal)	See the state page	Informal probate; small estate affidavit
Nebraska	County court (registrar for informal)	See the state page	Informal probate; small estate procedure
Nevada	District court	See the state page	Summary administration; set aside
New Hampshire	Circuit Court, Probate Division	NHJB-2145-Pe	Waiver of administration; summary administration
New Jersey	County Surrogate's Court	See the state page	Surviving spouse or heir affidavit
New Mexico	Probate court (informal) or district court	4B-301, 4B-302 (informal)	Informal probate; small estate affidavit
New York	Surrogate's Court	P-1 (will) or A-1 (no will)	Voluntary administration (small estates)
North Carolina	Clerk of Superior Court (judge of probate)	AOC-E-201, AOC-E-202	Collection by affidavit
North Dakota	District court (clerk for informal)	Form 2 (informal)	Informal probate; small estate procedure
Ohio	Probate court	Form 2.0 (probate will) and Form 4.0 (administer)	Release from administration
Oklahoma	District court	See the state page	Summary administration
Oregon	Circuit court	See the state page	Small estate affidavit
Pennsylvania	Register of Wills (county officer, not a judge)	RW-02 Petition for Grant of Letters	Small estate petition to orphans' court
Rhode Island	Municipal probate court of the city or town	PC-1.5 (will), PC-1.1 (administration)	Voluntary informal administration
South Carolina	Probate court	See the state page	Informal probate; small estate procedure
South Dakota	Circuit court (clerk for informal)	See the state page	Informal probate; small estate affidavit
Tennessee	Probate or chancery court (varies by county)	See the state page	Small estate; muniment of title
Texas	County court, county court at law or statutory probate court	See the state page	Independent administration; muniment of title
Utah	District court	1002ESF, 1001ESF (informal)	Informal probate; small estate procedure
Vermont	Superior Court, Probate Division	700-00001	Small estate; waiver of administration
Virginia	Circuit court (clerk)	CC-1650 information form	Small Estate Act affidavit
District of Columbia	Superior Court Probate Division (Register of Wills)	Petition for Probate (ADM)	Abbreviated probate; small estates
Washington	Superior court	See the state page	Nonintervention powers
West Virginia	County commission (not a court)	See the state page	Small Estate Act affidavit
Wisconsin	Circuit court (Register in Probate for informal)	PR-1801 (informal), PR-1901 (formal)	Informal administration; transfer by affidavit
Wyoming	District court	See the state page	Summary distribution; affidavit

Key Decisions

The Decedent and the Will

Who Will Serve

The Estate and the Process

Petition for Probate Requirements

File in the Court That Handles Probate in the County of Domicile
Each state assigns probate to a particular court or office, such as a probate, surrogate's, orphans' or circuit court. File in the county your state's law designates, usually where the person who died lived.
Use Your State's Official Petition Form Where One Exists
Many states publish official or mandatory probate petition forms. Where one exists, the court's form controls and should be used.
Identify the Decedent, the Date of Death and the Domicile
Give the full name of the person who died, the date and place of death, and where they lived (their domicile) at death. Courts usually require a certified death certificate.
File or Lodge the Original Will
If there is a will, the original usually must be filed or delivered to the court. Say whether the will is self-proving and whether any later will or codicil exists.
List Every Heir and Beneficiary
List the surviving spouse, children and other heirs, and every beneficiary named in the will, with relationships and addresses, as the court's form asks.
Name the Proposed Personal Representative and Their Priority
State who should be appointed as executor or administrator and why that person has priority or is qualified to serve, including where they live.
Address Bond: Request It or a Waiver
Courts often require the personal representative to post a bond unless the will, the beneficiaries or the court waives it. Say which applies and what you request.
Give the Notices Your State Requires
Heirs, beneficiaries and creditors must receive notice in the manner and time your state requires, before or after appointment. Keep proof of every notice.
Wait for Letters Before Acting for the Estate
No one has authority to collect, sell or distribute estate property until the court appoints a personal representative and letters issue. Not every estate needs probate; small estates may use a simplified procedure.

Customize your Petition for Probate Template with DocDraft

PETITION FOR PROBATE

IN THE PROBATE COURT OF COUNTY NAME COUNTY, STATE NAME

In the Estate of DECEDENT NAME, Deceased

Case No. CASE NUMBER

PETITION FOR PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE

Petitioner PETITIONER NAME states:

1. Petitioner. Petitioner resides at PETITIONER ADDRESS. Petitioner is an interested person in this estate as RELATIONSHIP OR INTEREST, SUCH AS NAMED EXECUTOR, SURVIVING SPOUSE, CHILD OR BENEFICIARY.

2. Decedent. DECEDENT NAME died on DATE OF DEATH in CITY, COUNTY NAME County, STATE NAME. At the time of death, the decedent was domiciled in COUNTY NAME County, STATE NAME, at DECEDENT LAST ADDRESS. This court is the proper venue for this proceeding.

3. Will. [IF APPLICABLE: The decedent left a will dated DATE OF WILL, signed by the decedent and witnessed by WITNESS NAMES. The will IS / IS NOT self-proving. The original will is FILED WITH THIS PETITION / LODGED WITH THE COURT ON DATE. Petitioner knows of no later will or codicil.]

[IF APPLICABLE: The decedent died without a valid will, and the estate passes under the intestacy laws of this state.]

4. Heirs and beneficiaries. The names, relationships, ages if minors, and addresses of the decedent's heirs and of every beneficiary named in the will are:

HEIR OR BENEFICIARY NAME, RELATIONSHIP, ADDRESS
HEIR OR BENEFICIARY NAME, RELATIONSHIP, ADDRESS

5. Estimated value of estate. The estimated value of the probate estate is: personal property $AMOUNT; real property $AMOUNT, located at PROPERTY DESCRIPTION; annual income from property $AMOUNT. Estimated debts are $AMOUNT.

6. Proposed personal representative. Petitioner asks that PROPOSED REPRESENTATIVE NAME, of PROPOSED REPRESENTATIVE ADDRESS, be appointed as EXECUTOR / ADMINISTRATOR / ADMINISTRATOR WITH WILL ANNEXED. The proposed representative has priority to serve as BASIS FOR PRIORITY, SUCH AS NAMED IN THE WILL OR SURVIVING SPOUSE, is of legal age, and is not disqualified to serve. [IF APPLICABLE: The proposed representative resides outside this state at ADDRESS and will comply with any nonresident requirement, including appointment of an agent for service.] [IF APPLICABLE: Persons with equal or prior right to serve have DECLINED / CONSENTED, as shown by the attached documents.]

7. Bond. Petitioner requests that bond be WAIVED BECAUSE THE WILL WAIVES BOND / WAIVED BECAUSE ALL HEIRS OR BENEFICIARIES HAVE CONSENTED / SET IN THE AMOUNT OF $AMOUNT.

8. Type of administration. Petitioner requests SUPERVISED / INDEPENDENT / UNSUPERVISED / SIMPLIFIED administration, to the extent permitted by law.

9. Relief requested. Petitioner asks the court to:

a. determine the date and place of the decedent's death and the decedent's domicile; b. [IF APPLICABLE: admit the will dated DATE OF WILL to probate]; c. appoint PROPOSED REPRESENTATIVE NAME as personal representative and issue LETTERS TESTAMENTARY / LETTERS OF ADMINISTRATION upon qualification; d. rule on bond as requested above; e. authorize the type of administration requested above; and f. grant any other relief the court finds proper.

VERIFICATION

I, PETITIONER NAME, declare under penalty of perjury under the laws of this state that I have read this petition and that its contents are true and correct to the best of my knowledge.

Date: DATE

PETITIONER NAME, Petitioner PETITIONER ADDRESS PHONE NUMBER / EMAIL ADDRESS

Find out where you stand — what state are you in?

Introduction

Key Things to Know

Probate court, petition forms and simplified options by state

Key Decisions

The Decedent and the Will

Who Will Serve

The Estate and the Process

Petition for Probate Requirements

File in the Court That Handles Probate in the County of Domicile

Use Your State's Official Petition Form Where One Exists

Identify the Decedent, the Date of Death and the Domicile

File or Lodge the Original Will

List Every Heir and Beneficiary

Name the Proposed Personal Representative and Their Priority

Address Bond: Request It or a Waiver

Give the Notices Your State Requires

Wait for Letters Before Acting for the Estate

Customize your Petition for Probate Template with DocDraft

Frequently Asked Questions