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
- Confirm which court handles probate in your county (Surrogate's, Probate, Orphans', Superior).
- Complete the state-specific petition form.
- File the petition, original will, and death certificate with the court clerk.
- Provide notice to heirs and creditors as required.
- Once Letters Testamentary or Letters of Administration issue, you have authority to act.
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Related tasks
- Notify creditors and handle claimsMost states require formal notice to known creditors and a published notice to unknown creditors. There's a window for claims, then it closes.
- Get Letters TestamentaryLetters Testamentary are the court document that proves you're the legal executor. You'll need them to do almost anything financial.
- Order certified copies of the death certificateYou'll need certified copies of the death certificate for nearly everything else — banks, insurers, the court, the Social Security Administration.