To file a will in probate court, bring the original signed will, a certified death certificate, and a completed petition for probate to the court in the county where the deceased person lived, then pay the filing fee at the clerk’s window or through the court’s e-filing portal. That filing opens the case, puts the will in front of a judge, and starts the process of appointing an executor who can legally act for the estate. Everything that follows — notifying heirs and creditors, paying debts, filing tax returns, and distributing property — flows from that first filing.
Here is what the process actually looks like, in the order you’ll do it.
Gather the Three Core Documents
The single most important item is the original, signed will. Courts treat the original as irreplaceable because it carries the physical signatures of the person who made it and the witnesses who watched them sign. If only a photocopy exists, most courts presume the original was intentionally destroyed, which can force the estate through intestacy rules as if no will existed at all. If you know you’re named as executor, locate the original before doing anything else — check safe deposit boxes, home safes, and the files of the attorney who drafted it.
Next, order a certified death certificate. This is the government-issued document proving the person has died. Hospitals and funeral homes typically help families order certified copies from the state vital records office. Order several. Banks, insurers, and government agencies will each want their own original during estate administration, and running out slows everything down.
The third document is the petition for probate, a standardized court form that asks the judge to open the estate and appoint a personal representative. Most counties post the form on the court clerk’s website or hand it out at the courthouse service window. The petition asks for:
- The deceased person’s full name, date and place of death, and last county of residence
- Names and addresses of every person named in the will, plus any legal heirs who would inherit if the will didn’t exist
- Known assets and their approximate values
- The name of the proposed executor
- Whether you’re aware of any other wills
The estimated asset values matter for two practical reasons. They help the court decide whether the estate qualifies for a simplified procedure or needs full formal supervision, and they let the clerk calculate the correct filing fee, which in many jurisdictions scales with estate size. Rough accuracy at the outset prevents a rejected filing or an underpaid fee that stalls the case before it starts.
Check Whether the Will Has a Self-Proving Affidavit
If the will includes a self-proving affidavit, the filing goes noticeably smoother. A self-proving affidavit is a sworn statement, signed by the witnesses and notarized at the time the will was originally executed, confirming they watched the person sign voluntarily and of sound mind. Under the Uniform Probate Code (Section 2-504), which a majority of states have adopted in some form, this affidavit replaces the need for witnesses to appear and testify in court during probate. Without one, the court may require locating the original witnesses or, if they’re unavailable, accepting alternative proof of the will’s validity.
File in the County Where the Deceased Lived
Probate petitions go to the court in the county where the deceased person lived at the time of death. This residency rule establishes jurisdiction and prevents competing filings in different locations. If the person owned real estate in multiple states, a primary probate case opens in the home state, and separate “ancillary” proceedings may be needed in each additional state where property is located.
There is a deadline to be aware of. Every state requires anyone holding a deceased person’s will to deliver it to the appropriate court. The Uniform Probate Code frames this as delivering the will “with reasonable promptness,” and most states follow a similar standard. Some states set hard deadlines, commonly 30 days after learning of the death. Enforcement varies, but willfully withholding a will can expose you to civil liability for damages caused by the delay, and a court can hold you in contempt if it orders you to produce the document and you refuse. There is no strategic advantage to sitting on a will.
Submit the Petition and Pay the Fee
Once your paperwork is assembled, you submit it to the court through one of three channels: in person at the clerk’s service window, through the court’s electronic filing portal if one exists, or by certified mail with return receipt requested. E-filing is increasingly common and often faster, though not every county offers it for probate matters.
Filing fees are due at submission. The amount varies widely by jurisdiction and typically scales with the gross value of the estate. Expect anywhere from under $100 for small estates to over $1,000 for larger ones. Most courts accept credit cards, certified checks, or money orders. When the clerk accepts your filing, they assign a case number and stamp your documents with the date and time of receipt, which marks the official start of the probate proceeding. Ask for a stamped copy. You’ll need it when dealing with banks and financial institutions that want proof the estate is under court supervision.
What the Court Does Next
The court’s first job is reviewing the will to confirm it meets the state’s requirements for a valid document: signed by the person who made it, witnessed by the required number of people, and executed by someone with the mental capacity to understand what they were doing. If a self-proving affidavit is attached, this step is largely mechanical. Without one, the court may require witness testimony or other evidence of authenticity.
Letters Testamentary
Once the court accepts the will as valid, it issues Letters Testamentary to the named executor. These letters are the executor’s proof of legal authority to act on behalf of the estate: signing deeds, closing bank accounts, paying debts, and distributing assets. Financial institutions will require a certified copy before releasing any funds. Order several at the same time you order death certificates. If the deceased person didn’t name an executor or the named person can’t serve, the court appoints an administrator and issues Letters of Administration instead, which carry the same authority.
Probate Bonds
Courts generally require executors to post a probate bond, which functions like an insurance policy protecting the beneficiaries from mismanagement or theft. The bond amount usually reflects the estate’s value. Three common situations lead to a waiver: the will itself says no bond is required, all beneficiaries agree in writing to waive it, or the estate is small enough that the court considers the risk minimal. Even when a waiver exists, a judge can override it if circumstances raise concerns about the executor’s reliability. Bond premiums are paid from estate funds, not out of the executor’s pocket.
Hearings
Straightforward estates with no disputes often move through probate without a formal hearing. If someone objects to the will’s validity, disputes the executor’s appointment, or challenges how assets are being handled, the court schedules a hearing where all sides can present their case. Complex or high-value estates almost always involve at least one court appearance.
Notify Heirs and Creditors
After filing, the executor must notify two groups.
Beneficiaries and heirs. Every person named in the will and every legal heir who would inherit under state intestacy law must receive formal written notice that probate has been opened. The notice tells them the case exists, identifies the court handling it, and gives them the opportunity to participate or object. Most states require notice by mail or personal delivery, with proof of service filed back with the court.
Creditors. Creditor notification has two parts. The executor publishes a notice in a local newspaper of general circulation, alerting unknown creditors that the estate is in probate and that they have a limited window to file claims. Publication costs generally run a few hundred dollars. The executor must also send direct written notice to every creditor whose identity is known or reasonably discoverable. The U.S. Supreme Court held in Tulsa Professional Collection Services v. Pope that the Due Process Clause requires actual notice to known creditors; publication alone is not enough.1Legal Information Institute. Tulsa Professional Collection Services, Inc. v. Pope
Once notice is given, a statutory waiting period begins during which creditors can file claims. This period varies by state but commonly falls between two and six months. The executor cannot make final distributions to beneficiaries until the creditor claim period closes and all valid debts are resolved.
Consider Whether You Need Full Probate at All
Not every estate needs the full process. Every state offers some form of simplified procedure for smaller estates, and if you qualify, you can skip most of what’s described above.
The most common shortcut is a small estate affidavit. Instead of filing a petition, attending hearings, and waiting months for court approval, an heir or beneficiary signs a sworn statement identifying themselves, describing the assets, and certifying that the estate falls below the state’s threshold. They present this affidavit directly to whoever holds the asset — a bank, an employer, a brokerage — and the institution releases the funds without court involvement. Thresholds range from $15,000 to $200,000 depending on the state, with many falling in the $50,000 to $75,000 range. Some states have separate (and often higher) limits for real estate transfers.
Two caveats matter. First, small estate thresholds count only assets that would pass through probate. Property with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts), jointly held property that passes automatically to a surviving owner, and assets held in a living trust are excluded from the calculation. An estate with $2 million in total assets might still qualify for a small estate affidavit if all but $30,000 passes outside probate. Second, most states require a waiting period, typically 30 to 45 days after death, before anyone can use the affidavit process.
What You’ll Handle After Filing
Filing opens the case; it doesn’t close it. A few obligations deserve attention right away so they don’t catch the executor off guard later.
Get an EIN for the Estate
Apply for an Employer Identification Number as soon as you’re appointed. This number functions like a Social Security number for the estate itself, and you’ll need it on every tax return, bank account, and financial document related to administration. The fastest method is the IRS online application at IRS.gov/EIN, which issues the number immediately upon approval.2Internal Revenue Service. Get an Employer Identification Number
File the Tax Returns
The executor files the deceased person’s final individual return (Form 1040) for the year of death. If the estate itself earns $600 or more in gross income during any tax year while it’s open — from interest, dividends, rental income, or asset sales — the executor must also file Form 1041, the federal fiduciary income tax return.3Internal Revenue Service. Instructions for Form 1041 and Schedules A, B, G, J, and K-1 The $600 threshold is low enough that most estates generating any investment income will trigger it.
The federal estate tax (Form 706) applies only to estates exceeding the basic exclusion amount, which is $15,000,000 for deaths occurring in 2026.4Internal Revenue Service. What’s New – Estate and Gift Tax The vast majority of estates fall well below this threshold and owe no federal estate tax. Some states impose their own estate or inheritance taxes at lower thresholds, so check whether a state-level filing is also required.
File a Final Accounting Before You Close
Probate doesn’t end when the last check is written to a beneficiary. The executor must file a final accounting with the court: a detailed report of every dollar that came into the estate and every dollar that went out, covering income received, debts paid, taxes filed, executor fees taken, and distributions made. Receipts, bank statements, and closing letters from creditors back up the report. Once the court approves the accounting, the judge issues an order formally closing the estate and discharging the executor from further responsibility.5Internal Revenue Service. Publication 559 – Survivors, Executors, and Administrators
Until that discharge order is signed, the executor remains legally on the hook for the estate’s proper administration. Rushing to distribute assets before the creditor claim period closes, or before tax clearances are received, is one of the most common mistakes executors make, and it can leave them personally liable for debts they should have paid from estate funds first.