How to File for Probate — Step by Step

Before you begin

Filing for probate is typically the executor's job, but any interested party can petition the court if the executor doesn't act. Requirements vary by state, and we strongly recommend working with a probate attorney.

Step 1: Locate the will and key documents

Gather the original will, multiple certified copies of the death certificate, and information about the deceased's assets, debts, and beneficiaries.

Step 2: Determine the correct court

File in the county where the deceased lived. If they owned real property in another state, a separate "ancillary" probate may be needed there.

Step 3: File the petition

File a petition with the court clerk including the original will, death certificate, executor information, and list of heirs. Filing fees are typically $200 to $500.

Step 4: Notify interested parties

Formally notify all beneficiaries and creditors. Many states also require publishing notice in a local newspaper.

Step 5: Attend the hearing

The court schedules a hearing to validate the will and appoint the executor. If uncontested, this is usually brief.

Step 6: Administration begins

The executor inventories assets, pays debts and taxes, and eventually distributes assets. See our timeline guide for state-specific estimates.