How to Start the Probate Process: 14 Steps

Probate can sound like a medieval spell (“Probatus!”)but it’s really just the court-supervised way to (1) confirm who’s in charge of a deceased person’s estate, (2) gather what they owned, (3) pay what they owed, and (4) transfer what’s left to the right people.

Here’s the catch: probate rules vary by state and even by county. Some estates barely touch the courthouse. Others feel like you’re building a small airplane out of paperworkwithout the instruction manual. This guide gives you a clear, practical way to start the probate process and avoid the most common early mistakes.

Quick note: This is general information, not legal advice. If the estate is large, messy, involves family conflict, or includes a business, consider talking with a probate attorney early. A one-hour consult can save you months of “Why is the court asking for this?” later.

Before You Start: What “Probate” Usually Covers (and What It Doesn’t)

Probate generally handles assets owned in the decedent’s name alone (or payable to the estate). A lot of valuable property may pass outside probate automatically, such as:

• Life insurance or retirement accounts with named beneficiaries
• Payable-on-death (POD) or transfer-on-death (TOD) accounts
• Joint property with right of survivorship (rules vary by state and deed wording)
• Assets held in a living trust

The first win is figuring out whether you even need full probateor whether a simplified procedure (like a small-estate affidavit) might do the job.

Step 1: Get Certified Death Certificates (Yes, Plural)

You’ll use certified death certificates to unlock everything: bank accounts, insurance claims, court filings, and more. Order more than one. Many organizations require an original certified copy, and you don’t want to play “death certificate hot potato” for weeks.

Pro tip

A common rule of thumb is 8–12 copies if the person had multiple accounts or institutions. If the estate is complicated, order more.

Step 2: Find the Will (and Any Trust or Estate Plan Documents)

Your mission: locate the most recent original will (not just a blurry phone photo). Check:

• Home safe, file cabinet, or “important papers” binder
• Safe deposit box (access rules vary; the bank may require paperwork)
• The decedent’s attorney or law firm
• Any stored estate plan portal or document vault

If there’s a trust, the trust may control major assetsmeaning probate might be limited or unnecessary for those items.

Step 3: Identify the Likely Personal Representative (Executor/Administrator)

If there’s a valid will, it typically names an executor (sometimes called a personal representative). If there’s no will, the court appoints an administrator based on state priority rules (often spouse first, then adult children, etc.).

Why this matters

Only the court-appointed person can usually do key tasks like accessing estate-only bank accounts, selling probate property, and signing certain documents.

Step 4: Secure Property and Prevent “Oops, It Walked Away” Moments

Before you file anything, protect what’s there:

• Lock up the home and vehicles; collect spare keys
• Forward mail (or at least monitor it) to catch bills and account notices
• Safeguard valuables and document what you found (photos help)
• Keep utilities on if it prevents damage (heat in winter, humidity control, etc.)

Also: contact the homeowner’s insurer. Some policies change coverage when a home becomes vacant, and probate delays are not a great time to discover you’re underinsured.

Step 5: Create a Starter Inventory of Assets and Debts

You’re not doing the formal court inventory yetyou’re building your “estate map.” Gather statements and list:

• Bank and brokerage accounts
• Real estate (homes, land, timeshares)
• Vehicles, boats, RVs
• Life insurance, retirement accounts, pensions
• Credit cards, loans, medical bills
• Regular bills (utilities, HOA, subscriptions)

Make it easy on Future You

Create a folder (digital or paper) with: account numbers, institution contact info, and whether each asset is probate or non-probate (beneficiary, joint owner, trust, etc.).

Step 6: Decide Whether Probate Is Required (or If You Can Use a Small-Estate Option)

Not every estate needs a full probate case. Many states offer simplified procedures when the estate value is below a certain threshold, or when most assets pass outside probate.

Common alternatives

• Small-estate affidavit for certain personal property
• Simplified probate (shorter court process) for smaller estates
• Trust administration when a living trust holds the main assets

Because thresholds and rules vary by state, check your state court’s self-help site or consult a local probate attorney if you’re unsure. Starting the wrong procedure can cost time and filing fees.

Step 7: Choose the Right Probate Court (County Matters)

Probate usually begins in the county where the person lived at death. If they owned real estate in another state, you may also need ancillary probate there (a second, related probate focused on out-of-state property).

Example

If your aunt lived (domiciled) in Illinois but owned a cabin in Michigan titled in her name only, you might open the main probate in Illinois and an ancillary proceeding in Michiganunless the cabin was held in a trust or co-owned with survivorship rights.

Step 8: Gather the Documents You’ll Need to File

Exact requirements vary, but many probate filings ask for:

• Original will (if any) and any codicils/amendments
• Certified death certificate
• Petition/application to open probate and appoint a personal representative
• Basic family/heir information (names, addresses, relationships)
• Estimated value of probate assets
• Proposed personal representative’s information and acceptance
• Sometimes: a bond request/waiver, and specific court notices

If this list makes you sweat, good news: many counties provide checklists or packet instructions. Bad news: sometimes the checklist is written like a treasure map drawn by a committee.

Step 9: File the Petition to Open Probate (and Pay the Filing Fee)

This is the official “start” button. You file with the probate court clerk and pay the required filing fee. Some courts allow e-filing; others require in-person filing or specific formatting rules.

What the petition generally asks for

• Recognition of the will (if one exists)
• Appointment of the executor/administrator
• Authority for the personal representative to act on behalf of the estate

Once filed, the court may schedule a hearingor it may process the appointment administratively in an “informal” proceeding if allowed and uncontested.

Step 10: Get “Letters” From the Court (Your Proof You’re In Charge)

When the court appoints the personal representative, it issues documents often called:

• Letters Testamentary (when there’s a will)
• Letters of Administration (when there’s no will)

These “letters” are what banks, title companies, and other institutions want to see before they’ll talk to you like an actual authorized human.

Get multiple certified copies

Like death certificates, you’ll often need more than one certified copyespecially if you’re dealing with multiple institutions at the same time.

Step 11: Set Up Estate Administration Basics (EIN + Estate Bank Account)

Once you’re appointed, you typically need to separate estate money from personal money. Two common steps:

• Apply for an EIN (tax ID) for the estate if required for banking or tax filings
• Open an estate bank account to receive funds and pay estate expenses

Why this step saves your sanity

Paying estate bills out of your personal account creates a recordkeeping nightmare and can raise questions from beneficiaries. An estate account keeps everything clean, trackable, and defensible.

Step 12: Notify Heirs/Beneficiaries and Give Required Legal Notices

Probate is big on “no surprises.” Many states require notice to:

• Heirs (people who would inherit under intestacy laws if there were no will)
• Beneficiaries (people named in the will)
• Known creditors (sometimes directly)
• Potential creditors (sometimes via publication in a local newspaper)

Deadlines matter here. Notice rules often control how long creditors have to make claims, and missing notice requirements can delay closing the estate.

Step 13: Prepare the Formal Inventory and Get Appraisals (When Needed)

Most probate processes require an inventory of probate assets and their value as of the date of death. This can include:

• Real estate (often needs a professional appraisal)
• Vehicles (valuation guides may be accepted in some cases)
• Investment accounts (date-of-death statements)
• Business interests (often needs specialized valuation)
• Personal property (sometimes appraised if high-value)

Example

If the estate includes a home, the court may require a probate inventory form listing the property and its value. A date-of-death appraisal can also help establish a tax basis for heirs later.

Step 14: Pay Valid Debts and Taxes, Then Distribute and Close the Estate

Only after debts, expenses, and required taxes are handled do you typically distribute what’s left. Many courts require a final accounting (and sometimes a final hearing) before you can close probate.

What “wrapping up” often includes

• Paying funeral expenses, court costs, and administrative expenses
• Reviewing and paying valid creditor claims (and disputing improper ones)
• Filing final income tax returns and any required estate or trust returns
• Preparing a final accounting for beneficiaries/court
• Distributing assets and collecting receipts/releases
• Filing the paperwork to close probate and discharge the representative

A Mini Timeline (So You Don’t Expect Probate to Finish by Next Tuesday)

Some straightforward estates can finish in a few months. Many take 6–12 months or longer, especially if there’s real estate to sell, creditor issues, or disputes among heirs. Probate is often “paperwork-forward,” not “courtroom-drama-forward”unless family conflict shows up with popcorn.

Common Early Mistakes (Aka, the Probate Banana Peels)

• Starting probate without checking non-probate assets (you may not need full probate)
• Paying people too early before debts/taxes are confirmed
• Mixing estate and personal funds (bookkeeping chaos)
• Ignoring notice rules and getting stuck later
• Assuming “the will handles everything” (titles/beneficiary forms often control)

Real-World Probate Starter Stories and Lessons (Experience-Based, Without the Horror Movie Music)

When people talk about their “probate experience,” they rarely start with court forms. They start with the first week: the phone calls, the unanswered questions, and the sudden realization that “adulting” has unlocked a new level. Here are common experiences families and executors often reportand what they wish they’d known at the start.

1) The paperwork scavenger hunt is real. Many executors say the hardest part isn’t the courtit’s finding the account list. Statements may be digital-only, passwords may be locked behind two-factor authentication, and mail may stop when you need it most. The most helpful early habit is building an “estate map” (assets, debts, institutions, contact numbers) and updating it as you discover new accounts. Even a rough spreadsheet can prevent duplicate calls and missed bills.

2) The “authority gap” feels personal, but it’s just process. A frequent frustration: banks won’t discuss anything until you have Letters Testamentary/Administration, but you can’t get letters instantly. People often describe this as a “limbo period” where they’re responsible for protecting property but can’t fully access information. Knowing this gap is normal helps emotionallyand practically. During this time, focus on securing property, gathering documents, and preparing the petition packet so you can file quickly and correctly.

3) Family dynamics don’t improve under fluorescent lighting. Many probate conflicts come from misunderstandings: who is entitled to what, what’s “fair,” why the executor is taking time, or why the house can’t be distributed immediately. Executors who communicate earlysharing a simple timeline, what probate requires, and what’s happening nextoften report fewer blowups. A short monthly update email (“Here’s what’s done, what’s pending, and what we’re waiting on”) can prevent the rumor mill from doing cardio.

4) Creditors and identity issues show up when you least expect them. Some families are surprised by medical bills arriving months later, or by debt collectors contacting relatives who don’t owe the debt personally. Others discover suspicious credit activity after death. A practical early move is to notify credit bureaus and keep an eye out for odd accounts. It’s not cynical; it’s protectivelike locking the door after you leave.

5) The house is often the emotional and logistical center of probate. Executors commonly report that handling the homeinsurance, maintenance, cleaning, and sometimes a saledrives the timeline. If a home sits vacant, small problems (leaks, pests, weather damage) become big problems. People who set a plan early (“maintain and insure, then decide keep vs. sell”) feel more in control. When heirs disagree, it helps to ground decisions in practical realities: carrying costs, market conditions, and court approval requirements.

Bottom line: Starting probate is less about doing everything at once and more about doing the first right steps in the right orderso the rest of the process feels like a checklist, not a crisis.

Conclusion

To start the probate process, you don’t need to know every rule in your state on day oneyou need momentum and a clean foundation. Get certified death certificates, locate the will, secure property, map assets and debts, confirm whether probate is required, file the petition in the correct court, and obtain your letters of authority. From there, probate becomes an administrative project: notices, inventory, valid debts and taxes, distribution, and closing.

If you’re feeling overwhelmed, remember: probate is usually a marathon of paperwork, not a sprint of courtroom scenes. And like any marathon, it goes better when you bring water, good shoes, and a plan.