How to start the probate process

Why this matters

Probate is required to transfer ownership of solely owned assets, sell real estate, settle debts, and distribute remaining property to heirs. Even small estates often require probate or a formal alternative.

Step by step

1. Find the will, if one exists. Check the home safe, desk, safe deposit box, and any attorney files. Many states require filing the original will with the probate court within 30 days of death.
2. Determine the right county. Probate is filed in the county where the deceased was a legal resident at death.
3. Get the petition forms from the county probate court website or clerk's office.
4. Complete the Petition for Probate (if there is a will) or Petition for Letters of Administration (if no will). Include: deceased's name, date of death, last address, estimated estate value, and the names and addresses of all heirs and beneficiaries.
5. File the petition with the court along with the original will (if any), a certified death certificate, and the filing fee.
6. Attend the initial hearing (typically 30 to 60 days after filing). The court reviews the petition, hears any objections, and appoints the executor or administrator. You receive Letters Testamentary (with will) or Letters of Administration (no will).
7. Begin estate administration: inventory assets, notify creditors, pay debts and taxes, distribute remaining property, and file a final accounting.

Forms you will need

• Petition for Probate or Petition for Letters of Administration
• Original will (if any)
• Certified death certificate
• Notice of hearing form
• Bond (in some states)
• Inventory and appraisal form

State by state notes

Procedures, forms, and fees vary substantially by state. See your state probate guide for the specifics.

Common mistakes to avoid

• Filing in the wrong county. Probate happens in the deceased's legal residence, not where you live or where they died.
• Submitting a copy of the will instead of the original. Most states require the original.
• Not notifying all heirs. Failure to give proper notice can void the proceedings.
• Trying to act on estate assets before receiving Letters.

What to do if you get stuck

A probate attorney can handle the entire process for a fixed fee or hourly rate. Most consultations are free, and for complex estates the cost is well worth it.