How to File for Probate — Step by Step
Filing for probate can seem overwhelming. Here is a general overview of the process from start to first hearing.
Filing for probate: Filing for probate involves submitting a petition to the probate court in the county where the deceased lived, along with the death certificate, original will, and a list of heirs. The court then appoints an executor and begins the supervised estate settlement process.
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.
Disclaimer: This page is for general informational purposes only and does not constitute legal, financial, or tax advice. No attorney-client relationship is formed by your use of this website or by any communication with First Heritage Funding or its employees. Although members of our team are licensed attorneys, First Heritage Funding is an inheritance advance company, not a law firm, and does not provide legal representation or legal services. Nothing on this website should be relied upon as a substitute for professional legal or financial counsel. Probate laws, timelines, and costs vary significantly by state and by individual circumstances. You should not act or refrain from acting based on information on this site without first consulting a qualified attorney or financial advisor in your jurisdiction.
Frequently Asked Questions
Court fees range from $50 to $500+. Attorney fees are separate — see our probate costs guide.
Technically yes, but probate law is complex. Errors can cause costly delays and personal liability.
Most states don't have a strict deadline, but waiting too long creates problems. Some states penalize failing to file a known will within 30-90 days.
The deceased's assets remain in limbo. Bank accounts may eventually become unclaimed property. Any interested party can petition to open probate.
Key takeaway: Filing for probate starts with a petition to the local court. The process has strict deadlines and notice requirements — most executors benefit from working with a probate attorney.
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