Virtual probate hearings are video court sessions, usually held on Zoom, Microsoft Teams, or Webex, that let executors, heirs, and witnesses handle routine estate matters without going to the courthouse. States including Arizona, Illinois, Michigan, and Texas have made remote probate a permanent option, and most courts now pair the video hearing with electronic filing of the petition and supporting documents. The option is widely available for uncontested matters; disputed cases are a different story.
Which Probate Matters Can Be Handled Remotely
Courts generally reserve virtual hearings for uncontested, administrative proceedings. Appointing an executor when all heirs agree, approving a final accounting, and granting authority over a straightforward estate are the strongest candidates. If nothing is in dispute and the paperwork is clean, there is little reason to require anyone to appear in person.
Contested cases usually stay in the courtroom. When someone challenges a will’s validity, alleges undue influence, or questions whether the deceased had the mental capacity to sign, judges typically require in-person appearances so they can assess witness credibility firsthand and manage physical evidence. If your matter involves any kind of dispute, expect the court to call you in.
Small estates are natural fits for the virtual track. Every state sets its own threshold for simplified probate or a small estate affidavit, and those thresholds vary widely. Estates that qualify for streamlined procedures often involve minimal court interaction, which a brief video hearing handles easily.
One point of confusion worth clearing up: the authority for holding these hearings comes from state court rules and administrative orders, not from the Uniform Electronic Wills Act. That act, adopted by a handful of states, governs how electronic wills are created, signed, and witnessed. It says nothing about whether a judge can hold a hearing over video.
Documents You Need Before Filing
Virtual or not, probate requires the same core documents. You need the original will (or a certified copy if your state permits it), an official death certificate, and a completed petition for probate. The petition identifies the deceased person’s assets, lists the heirs and beneficiaries, names the proposed executor or administrator, and establishes the correct venue based on where the deceased lived at death.
Most courts now accept the petition and supporting documents through an e-filing portal. You create an account, upload documents in searchable PDF format, and pay the filing fee online. Filing fees vary significantly by jurisdiction and are often tied to the estimated value of the estate, typically ranging from under $100 for small estates to over $1,000 for larger ones. If you pay by credit card, expect a small convenience fee from the e-filing provider on top of the court’s fee.
The Original Will Still Has to Go to the Clerk
E-filing the petition does not excuse you from producing the physical original will. Most probate courts still require the original paper document to be deposited with the clerk, either by mail or in person. A few states have begun recognizing electronically stored wills where no paper original exists, but that is the exception. Check your local court’s requirements early. A missing original can stall the entire process.
Redacting Sensitive Information in Your E-Filing
Probate documents contain Social Security numbers, bank account numbers, dates of birth, and home addresses. When you file electronically, redacting that information is your responsibility, not the court’s. Federal rules followed by many state courts set clear standards: include only the last four digits of any Social Security or taxpayer identification number, only the last four digits of financial account numbers, only the year of a person’s birth, and only the initials of any minor children.
This matters because court filings often become part of the public record. An unredacted Social Security number sitting in a digital court file is an identity theft risk. Some courts let you file a full unredacted version under seal while a redacted version goes into the public file, but you have to ask for that arrangement. Do not assume the court will catch a mistake.
Setting Up for the Video Hearing
Once your filing is accepted and a hearing date is set, the court sends instructions for joining the session. Install and test the software before the hearing day. A working webcam and a decent microphone are non-negotiable, because the judge and the court reporter need to see and hear you clearly. Run a test call with a friend rather than discovering problems five minutes before you log on.
Your environment matters as much as your hardware. Courts expect the same formality you would bring to a physical courtroom: appropriate dress, a clean and quiet background, and lighting that lets the judge see your face. Joining from a parked car or a noisy coffee shop invites the judge to reschedule. A stable connection matters too. A wired ethernet connection is more reliable than WiFi if you have the option, and it is worth writing down the clerk’s phone number in case the video drops.
What Happens During the Hearing
The hearing begins when you click the secure link and enter a virtual waiting room. A court officer admits you into the active session when the judge is ready. The first order of business is identity verification: expect the judge to ask you to hold a government-issued photo ID up to the camera, the same check a clerk would run at a physical courthouse.
After confirming identities, the judge administers an oath or affirmation to anyone who will testify. You testify through the video feed under penalty of perjury, and the consequences for false statements are the same as in person. The court reporter monitors the audio throughout and creates a real-time transcript of the session.
If the judge is satisfied with the evidence, they grant the petition verbally and give instructions for next steps. The session ends when the judge formally closes the hearing and everyone disconnects.
If the Connection Drops
Dropped video and frozen screens happen. If you lose your connection, try to rejoin immediately using the same link. Courts generally allow a brief window to reconnect before taking further action. If the connection cannot be restored within a few minutes, the judge has discretion to pause the hearing, reschedule it, or require you to appear in person.
A technical failure does not forfeit your hearing. What you should not do during a disconnection is discuss your testimony with anyone else. If you cannot get back online, call the clerk’s office as soon as possible to explain and arrange a new date.
Remote Online Notarization for Estate Documents
Separate from the hearing itself, remote online notarization (RON) lets you get estate documents notarized over a video call rather than in person. It is useful for self-proving affidavits, powers of attorney, and other documents that need a notary as part of the probate process. The notary verifies your identity through knowledge-based authentication questions drawn from your credit history and public records, plus credential analysis of a government-issued ID.
Not every state allows RON for every type of document, and the rules vary. The notary must make an audio-video recording of the entire session, with retention requirements ranging from five to ten years depending on the state. Maximum notary fees per signature range from a few dollars to $40, and some states allow additional technology fees on top. A handful of states set no maximum. Confirm your state authorizes RON for the specific document type before scheduling.
After the Hearing: Letters and IRS Steps
Once the judge grants the petition, the clerk’s office issues Letters Testamentary (if there is a will) or Letters of Administration (if there is not). These are your legal proof of authority to act on behalf of the estate, and banks, brokerages, and government agencies will all demand to see them before releasing assets. Some courts now issue Letters electronically as encrypted digital files with verification codes or QR codes that third parties can scan to confirm authenticity. Others still mail physical copies. Turnaround is typically a few days to two weeks, depending on the court’s volume.
With Letters in hand, two IRS filings often get overlooked. First, apply for an Employer Identification Number for the estate using IRS Form SS-4, which you can do online for free at IRS.gov. The estate is treated as a separate taxpayer from the deceased, so it needs its own EIN. Second, file IRS Form 56 to formally notify the IRS that you are the fiduciary acting for the estate, attaching a copy of your Letters Testamentary. Form 56 ensures estate correspondence comes to you rather than to the deceased person’s last known address.
You are also responsible for the deceased person’s final individual tax return. The IRS does not need a copy of the death certificate, but if you file on paper you should write “DECEASED,” the person’s name, and the date of death across the top of the return.