How to Open a Probate Case – The First Steps Explained

How to Open a Probate Case – The First Steps Explained

If you're taking the first step into probate after a loved one passes away, the legal process can seem overwhelming. But it all begins with one critical action: opening the probate case.

In this post, we’ll walk through the first and most important stage of probate administration.

✅ When Do You Need to Open Probate?

You’ll likely need to open a probate case if:

• The deceased owned property or accounts in their name only
  
  

• There is no trust or no designated beneficiaries
  
  

• There are debts that must be legally resolved
  
  

• The estate includes real estate or titled property
  
  

📝 Step 1: Locate the Will

If there’s a will, find the original signed version. Check safes, file cabinets, or contact the deceased's attorney. No will? You’ll be proceeding under intestate probate.

🧾 Step 2: File a Petition with the Probate Court

You’ll need to submit:

• A copy of the will (if there is one)
  
  

• The death certificate
  
  

• A list of heirs and estate assets
  
  

• A request to appoint an executor or administrator
  
  

🛑 Step 3: Notify Heirs & Set the Court Hearing

The court sets a hearing to review your petition, and all interested parties must be notified. This gives anyone a chance to object.

📄 Step 4: Receive Letters Testamentary (or Letters of Administration)

Once approved, the court grants legal authority to manage the estate. These official documents allow the executor to open accounts, pay bills, and handle property.

🎥 Want to see the full breakdown in action?
🔗 Watch the video: “Opening a Probate Case: First Steps”