Where to file
Probate is filed in the court in the county where the decedent was domiciled (their primary residence) at the time of death, not necessarily where they died. If the decedent owned real property in other states, each of those states may also require an ancillary probate.
Every state has a specific probate court — sometimes called Surrogate's Court (NY, NJ), Orphan's Court (PA, MD), Chancery Court (DE, MS, TN), or simply Probate Court. In most states it's a division of the general trial court (Superior Court, District Court, Circuit Court).
What to file
The initial filing typically requires:
- Petition for Probate — the formal request to open the case and appoint you (or someone else) as executor
- Original will — not a photocopy. Many states require the original physical document
- Certified death certificate
- List of heirs and beneficiaries with names, addresses, and relationships
- Estimated value of the estate (the inventory comes later, but the petition usually requires a rough number)
- Filing fee — ranges from about $200 to $1,200 depending on state and estate size
Every state has its own forms. Links to official court forms are on each state's page on this site.
The initial hearing
After filing, the court will schedule an initial hearing, typically 30 to 60 days out. Notice goes to all heirs and beneficiaries; any of them can object (challenge the will, the named executor, or both).
If the initial hearing is uncontested, the court appoints the executor and issues Letters Testamentary (if there's a will) or Letters of Administration (if there isn't). That document is what every bank, brokerage, and title office will ask to see.