To start the probate process after death, you file a petition with the probate court in the county where the deceased person lived, attach the original will (if there is one) and a certified death certificate, pay the filing fee, and then send notice of the case to every heir, beneficiary, and creditor. The court sets a hearing four to eight weeks out and, at that hearing, decides whether to formally appoint a personal representative to manage the estate. Before doing any of this, though, check whether full probate is actually required — a large share of estates either avoid it entirely or qualify for a simplified procedure.
First, Check Whether Probate Is Even Needed
Several kinds of assets pass to their new owner without any court involvement, and if the deceased person’s property is mostly made up of them, you may not need to open a case at all.
- Property held as joint tenants with right of survivorship — bank accounts, real estate, and similar assets — belongs to the surviving co-owner automatically at death.
- Life insurance, 401(k)s, IRAs, annuities, and health savings accounts pass to the named beneficiary regardless of what the will says.
- Bank accounts with a payable-on-death designation and brokerage accounts or vehicles registered transfer-on-death go directly to the named person.
- Anything already transferred into a revocable living trust passes under the trust, not through probate.
If what remains is modest — a small bank account, some personal belongings — most states offer a small estate procedure that skips full probate. These options, often called small estate affidavits or summary administration, let heirs collect property by filing a short sworn statement. The dollar cutoff varies dramatically by state, from around $15,000 to over $200,000, so check your local probate court’s website before committing to the full process.
Who Can File the Petition
Courts follow a priority order for appointing the personal representative — the person who will manage the estate. If the deceased left a will naming an executor, that person is first in line. Without a will, or if the named executor can’t serve, priority typically runs from surviving spouse to adult children to other close relatives. After a waiting period, often 45 days or more, creditors can sometimes petition as well.
Basic disqualifications apply. You generally cannot serve if you are under 18, have a felony conviction, or have been declared mentally incapacitated. Some states restrict nonresidents unless they are close family. If you’re not sure whether you qualify, the probate court clerk can point you to the eligibility rules for your jurisdiction.
What to Gather Before You File
Having everything ready upfront prevents the most common delays.
Two documents are non-negotiable: a certified death certificate with a raised seal or registrar’s stamp (not a photocopy), and the original will if one exists. Most courts will reject a photocopied will without a separate proceeding to validate it.
You also need a preliminary picture of what the estate owns and owes. A formal appraisal isn’t required at this stage, but you should have reasonable estimates for bank balances, real estate, investment accounts, vehicles, and significant personal property. The court uses this to gauge the case’s complexity and, in many jurisdictions, to calculate the filing fee.
Then, contact information. You need full legal names and current mailing addresses for every person named in the will and every person who would inherit under state law if there were no will. Missing even one can push back the hearing. If the deceased had minor children, identify their legal guardians too.
One step people often overlook: the estate needs its own tax identification number. The deceased person’s Social Security number stops being valid for tax purposes at death, and the estate is treated as a separate taxable entity. If the estate will earn more than $600 in income — from interest, rent, or asset sales — apply for an Employer Identification Number from the IRS. The application is free at IRS.gov and issues the number immediately.
Filling Out the Probate Petition
The petition is the document that formally asks the court to open the case. You can get the forms from the probate court clerk’s office or download them from the court’s website. It asks for the deceased person’s name, date of death, last address, whether they died with a valid will, and estimated values for real estate and personal property.
The petition also asks who should be appointed as personal representative. If you’re filing and the will names you as executor, you indicate that. If there’s no will, you’re asking the court to appoint you as administrator and will need to explain your relationship to the deceased and why you have priority.
Most courts require additional forms alongside the petition. A common one is a duties and liabilities acknowledgment, which confirms the proposed representative understands their obligations: managing estate assets responsibly, paying legitimate debts, keeping accurate records, and distributing property according to the will or state law. Some jurisdictions also require a separate list of every heir and their relationship to the deceased so the court can verify the line of succession.
Accuracy matters more than speed here. Courts routinely return petitions with errors or blanks, and each round trip adds weeks. Many courts have self-help centers that will review paperwork before you file.
Where to File and What It Costs
You file in the probate court of the county where the deceased was legally domiciled — where they lived, not where they died or where they owned property. If they owned real estate in another state, that property may need a separate ancillary probate there, but the primary case still opens where they lived.
Filing can be done in person, by mail, or through an electronic filing portal if the court offers one. E-filing has become increasingly common and lets you submit documents and pay fees without a courthouse visit.
Filing fees vary widely. They typically run from roughly $200 to $400 for straightforward cases, though some courts charge more for larger estates or add fees for specific filings later. The clerk’s office publishes a fee schedule, so review it before you file. Fees are paid from estate funds, though you may need to front the cost and reimburse yourself later.
Once the clerk accepts your filing and payment, the estate gets a case number for all future filings, and the court sets an initial hearing date — usually four to eight weeks out — when a judge reviews your petition and decides whether to appoint the personal representative.
Notifying Heirs, Beneficiaries, and Creditors
Probate requires two kinds of notice: private notice to known interested parties, and public notice to anyone else who might have a claim.
Private Notice to Heirs and Beneficiaries
After filing, mail a notice of the petition to every heir and beneficiary you identified. The notice states that a probate case has been opened, names the person seeking appointment, and gives the hearing date. Mailing must happen far enough in advance of the hearing — commonly at least 15 days — to let recipients object if they choose. Then file a proof of service with the court confirming that notice went out to the correct addresses.
Published Notice to Creditors
The law also requires a public announcement in a newspaper of general circulation in the county where the case is filed. This puts unknown creditors on notice and starts their window to file claims. The required number of publications varies by state, from a single publication to two to four consecutive weekly runs. Missing the publication deadline is one of the most common reasons courts postpone hearings, so get this started as soon as the case is filed.
The Fiduciary Bond
Courts often require the personal representative to post a fiduciary bond before receiving authority to manage estate assets. The bond acts as an insurance policy protecting heirs and creditors: if the representative mishandles funds, the bonding company covers the loss up to the bond amount.
The bond amount is usually set at the total value of the estate’s personal property — cash, investments, and other non-real-estate assets. Premiums typically run between 0.5% and 1% of the bond amount, paid from estate funds rather than by the representative personally.
The requirement can often be waived. If the will states that no bond is required, most courts honor that language. Even without a will provision, all adult beneficiaries can sign a written waiver.
What Happens Right After You’re Appointed
Once the court appoints you as personal representative, several obligations kick in.
File IRS Form 56 to notify the IRS of the new fiduciary relationship — one for the decedent (covering their final individual return) and a separate one for the estate itself. Use the estate’s EIN on its income tax return (Form 1041) and for any bank accounts or transactions in the estate’s name.
The creditor clock starts running once notice is published. Timeframes vary by state, but a common structure gives creditors who receive direct notice about 60 days to respond, while the general deadline for all creditors — including those who only saw the newspaper notice — is typically four months after the representative’s appointment. Claims filed after the deadline are barred. This clean cutoff on debts is one of the main reasons probate exists.
If the deceased received Medicaid — particularly for nursing home or other long-term care — expect the state to file a claim against the estate. Federal law requires every state to seek recovery from estates of Medicaid recipients who were 55 or older when they received benefits, covering nursing facility services, home and community-based care, and related hospital and prescription drug costs. The claim gets paid from estate assets like any other creditor claim and must be resolved before the estate can close.
Federal estate tax rarely factors in. For deaths in 2026, the federal exemption is $15,000,000 per individual; estates below that owe no federal estate tax and don’t need to file Form 706 unless a surviving spouse wants to preserve the unused exemption for later. A handful of states impose their own estate or inheritance taxes at lower thresholds, so check whether your state is one of them.
How Long the Process Takes
For a straightforward estate with a valid will, cooperative beneficiaries, and no disputes, probate typically takes six months to a year from filing to final distribution. The initial hearing usually happens four to eight weeks after filing, and the creditor claim period adds another few months. After all debts are paid and the court approves a final accounting, the representative distributes the remaining assets and files paperwork to close the case.
Contested estates — where someone challenges the will, disputes the appointment, or fights over asset valuations — can stretch to two or three years. Property in multiple states adds time because of ancillary proceedings. The single biggest factor in keeping things on schedule is getting the paperwork right the first time. Every returned form, missed notice, or incomplete filing adds weeks, and those delays compound.