How to Petition for Probate of a Will

To start the probate process, you will need to petition for probate of the will.
These guidelines can vary state by state. However, generally, the first step is
to file the decedents will in the probate court in the county of his or her
domicile. You will also need to file your appointment as executor with the
probate court. The final step of the petition process is to have the will proved.

Follow these steps to petition for probate of the will.

File the decedents will and any codicils (any supplement to a will), as well as
your appointment as executor, in the probate court in the county where your
decedent was domiciled at the time of his or her death.

If youre not a resident of the same state as the one where youre initiating
probate, you need to check with the court to see whether youre allowed to
act. Frequently, youll be allowed to do so if you appoint a resident agent in
the state of domicile before you become executor. The purpose of the agent
is to be an in-state presence to receive service of process on your behalf.

Sign an executors bond and submit it with your petition.

Whether or not you need a surety on the bond will depend both on state
practice and on whether your decedent requested in the will that no sureties
be required.

Certify that youve sent copies of the petition and death certificate to the
Division of Medical Assistance by certified mail.

Make sure you list the following interested parties on the petition:

Heirs at law and next of kin, but not beneficiaries under the will.

The state attorney general if there are no heirs at law or if there are any
charitable bequests in the will.

If the decedents surviving spouse is incompetent and isnt represented by

someone other than you as executor, a guardian ad litem on his or her behalf
needs to be a party to the petition.

If a pretermitted heir is under a disability, such as being a minor, a guardian

ad litem is required.

If an interested party is in the military, special provisions usually exist to

ensure that that party is represented.

Provide a copy of the court notice of the petition for probate to all interested
parties as well as all devisees and legatees.

This notice provides that any interested person who wants to object to the
admission of the will to probate do so by a given date. Publication in a
newspaper that publishes legal notices is also required. Your courts rules
determine your method of delivery to all interested parties. Some
jurisdictions also require that the interested parties receive a form providing
information regarding their rights.

Indicate that youve published and mailed the notice as directed by the court
and filed the notice with the court.

In some states the notice has a return of service section that makes this
process easy. Otherwise, follow your courts rules for showing that youve
published and mailed the notice as your court requires.

Get the will proved.

If no one has filed an objection to the allowance of the will, it may be proved
in a number of ways, including the following:

If the decedents surviving spouse, heirs at law, next of kin, and any other
interested parties have all agreed to the allowance of the will without
testimony, you may request that the petition be allowed without testimony.

If one of the witnesses to the will signs an affidavit before the probate
register or assistant register regarding the facts of the execution of the will.

If one of the witnesses to the will gives oral testimony before a probate judge
regarding the facts of the execution of the will.

If you have a self-proving affidavit that was executed by the decedent and
the witnesses when they signed the will.