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Court & filings

File the probate petition with the court

If the estate requires probate, you'll file a petition with the appropriate court in the county where the decedent lived.

When to do it
Within the first 30–60 days, sooner if assets need to be sold.
Estimated time
Filing takes a day; Letters can take 2–8 weeks to issue

What you’ll need

  • Original will (if any)
  • Certified death certificate
  • List of heirs and beneficiaries
  • Filing fee (varies by state and county)

Steps

  1. Confirm which court handles probate in your county (Surrogate's, Probate, Orphans', Superior).
  2. Complete the state-specific petition form.
  3. File the petition, original will, and death certificate with the court clerk.
  4. Provide notice to heirs and creditors as required.
  5. Once Letters Testamentary or Letters of Administration issue, you have authority to act.

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