How to File for Probate: Step-by-Step Process for Executors

Before You File: What You Need

Probate usually opens in the court for the county where the deceased lived at the time of death. Before filing, check whether your state requires an attorney to represent the estate; Texas courts generally do, subject to limited exceptions. Gather these documents:

• The original will (photocopies don't satisfy most courts)
• A certified death certificate — at least one original; the court keeps it
• Government-issued ID for the person petitioning (you)
• The court's petition form — every state has its own. Look for "Petition for Probate" or "Petition for Letters Testamentary" on the county court's probate division website
• Information about heirs and beneficiaries — full legal names, addresses, relationships to the deceased
• An estimate of estate assets and debts — not a formal inventory yet, but many courts want a rough range on the initial petition

If you can't find the original will, you may still file — some states allow probate of a copy if you can establish why the original is unavailable (lost in a fire, held by a non-cooperating party). But expect additional hearings and sworn testimony from witnesses.

Step 1: File the Petition

Complete the court's petition form and file it with the probate clerk along with the original will and death certificate. Filing fees vary by state, county, and estate value.

The petition typically asks for:

• The decedent's name, date of death, and last address
• Whether they died with a will (testate) or without one (intestate)
• The name and address of the proposed executor or administrator
• Names and addresses of all heirs, beneficiaries, and known creditors
• Whether the estate is solvent or insolvent
• A request for full administration or simplified proceedings (if eligible)

Some states let you file electronically. Others require an in-person visit to the clerk's office. Call ahead — hours and procedures vary wildly even between courthouses in the same state.

Step 2: Notify Interested Parties

After filing, you must notify everyone with a legal interest in the estate. This falls into two buckets:

Formal notice to heirs and beneficiaries. Most states require you to serve notice of the probate proceeding to all people named in the will and all people who would inherit under intestacy law (even if the will names someone else). Service is typically by certified mail or personal delivery, though some states allow regular mail.

Published notice to creditors. You'll publish a notice in a local newspaper — the court clerk can tell you which papers qualify. The publication schedule and creditor-claims deadline are set by state law; known creditors may also require direct notice. Miss a required notice step and creditors can surface years later.

Keep copies of every mailing receipt and publication proof. The court will want to see them before granting letters.

Step 3: Attend the Hearing

Most probate courts schedule a hearing 30–60 days after filing. If nobody contests the will or your appointment, the hearing is typically brief — sometimes under five minutes. The judge confirms:

• The will appears valid (proper signatures, witnesses)
• The proposed executor is qualified (no disqualifying convictions, not a minor)
• Proper notice was given to all interested parties

If someone objects — a disinherited family member challenging the will's validity, or another party claiming they should serve as executor — the court schedules a contested hearing, and you'll likely need an attorney for that.

Step 4: Receive Letters Testamentary

After the hearing, the court issues your letters testamentary (or letters of administration, if there's no will). This document is your legal authority to act on behalf of the estate.

Request at least five certified copies. Every bank, brokerage, insurance company, and government agency will demand their own original. Some institutions won't accept copies older than 60 or 90 days, so you may need to return to the court for fresh ones later in the process.

With letters in hand, you can:

• Access and close the decedent's bank accounts
• Retitle vehicles and real property
• File insurance claims
• Negotiate with creditors
• Open the estate's own bank account (you'll need an EIN from the IRS first)

Step 5: Inventory, Administer, Close

The formal probate filing is just the beginning. The court expects you to file a complete inventory of assets (most states set a 60–90 day deadline from appointment), administer the estate according to law, and file a final accounting before you can close the case and distribute assets.

The full administration — from filing to final distribution — takes 12–18 months for a straightforward estate. Contested estates or those involving real estate sales, business interests, or tax audits can run two to three years.

The Executor's Complete Handbook maps this entire process with phase-by-phase worksheets so you always know what's due next, even when grief makes the legal jargon hard to parse.