How to Start the Probate Process: First Steps Guide

How-To Guides 18 min read

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Overview
Step-by-Step Guide
Documents You’ll Need
North Carolina Specific Requirements
Frequently Asked Questions

Overview

The probate process can seem overwhelming, but starting it correctly sets the foundation for smooth estate administration. Whether you’re an executor, administrator, or family member, understanding the first steps of how to start the probate process is essential. This guide breaks down the initial stages of how to start a probate process into manageable, actionable steps.

The probate process is the legal procedure through which a court validates a will, appoints an executor or administrator, inventories the estate’s assets, resolves any debts and taxes, and distributes remaining property to beneficiaries. Starting this process involves several critical first steps that must be completed in the proper order.

Why Starting Probate Correctly Matters

Getting the beginning of the probate process right prevents costly delays, disputes, and complications later. Proper initiation ensures that:

The deceased’s wishes are carried out according to their will
All creditors and beneficiaries are properly notified
The estate’s assets are protected and managed legally
You have the legal authority to act on behalf of the estate
The process moves forward efficiently through the court system

Step-by-Step Guide to Starting the Probate Process

Step 1: Locate and Secure the Original Will

The first step in how to start the probate process is finding the deceased’s original will. This document is crucial for initiating probate and understanding how the estate should be distributed.

Where to look:

Safe deposit boxes (banks often provide access upon death)
Home safes or file cabinets
Attorney’s office (if the will was drafted by a lawyer)
Courthouse records (some states require will registration)
Personal storage locations like desk drawers or closets

What to do with the will:

Handle it carefully to prevent damage or accusations of tampering
Make certified copies at your local courthouse
Store the original in a safe location
Bring it to all probate court meetings and filings

If the deceased died without a valid will, you’ll follow an intestate probate process, which is covered under state succession laws. In this case, move forward with Step 2, but notify the court that there is no will.

Step 2: Gather Information About the Deceased’s Assets

Before filing anything with the court, you need a comprehensive understanding of what the estate contains. This step involves collecting information about all assets, both liquid and non-liquid, that will be part of the probate estate.

Types of assets to identify:

Bank accounts (checking, savings, money market accounts)
Investment accounts (stocks, bonds, mutual funds, brokerage accounts)
Real estate property (residential, commercial, rental properties)
Vehicles (cars, trucks, motorcycles, boats)
Business interests or partnerships
Insurance policies (life insurance, property insurance)
Personal property of significant value (jewelry, art, collectibles, furniture)
Retirement accounts (401k, IRA, pension plans)

How to gather asset information:

Review bank statements and financial documents
Contact financial institutions where the deceased held accounts
Search for property tax records at the county assessor’s office
Request titles and deeds from storage locations
Review insurance policies and investment statements
Check with employers regarding retirement benefits

Important note about non-probate assets: Some assets pass outside of probate, including jointly owned property, assets with named beneficiaries, and life insurance proceeds. Identify these separately, as they won’t be part of the probate estate.

Step 3: Identify and Document All Debts and Obligations

Part of starting the probate process includes understanding what the estate owes. This affects how assets will be distributed and helps you prepare documentation for the court.

Types of debts to identify:

Mortgage loans
Personal loans and lines of credit
Credit card balances
Medical bills
Funeral expenses
Property taxes
Income taxes (final and state returns)
Utility bills that may be outstanding

How to identify debts:

Review credit reports (obtain through the three major bureaus)
Check bank statements for automatic payments
Look through mail and documents for bills
Contact creditors directly if unsure about outstanding balances
Consult tax documents and consult with a tax professional if needed
Review loan documents and promissory notes

Step 4: Determine Your Legal Role and Authority

Before filing with the court, you need to understand what legal position you’ll hold during probate. This determines what authority you’ll have to manage the estate.

Possible roles:

Executor (if there’s a valid will): The person named in the will to manage the estate. If this is you, the will should name you as executor. You’ll need the court to validate your appointment through letters testamentary.

Administrator (if there’s no will): Appointed by the court when someone dies without a valid will. The court determines who serves based on state succession laws, typically prioritizing surviving spouses, then children, then parents, then siblings.

Personal Representative: The general term for either an executor or administrator, essentially anyone managing the estate through probate.

Beneficiary: If you’re a beneficiary but not the executor or administrator, your role is limited to receiving your share of the estate. You won’t file the initial probate documents.

Surviving Spouse or Interested Party: If you’re not named as executor but want to start the process, you may petition the court to begin probate proceedings.

Step 5: Gather Required Documentation

Before heading to the courthouse, collect all documents you’ll need to file. Having everything organized prevents delays and ensures nothing is overlooked.

Primary documents needed:

Original will and any codicils (amendments to the will)
Certified copy of the death certificate (obtain multiple copies, usually 5-10)
Birth certificate of the deceased
Marriage certificate (if applicable)
Divorce decrees (if previously divorced)
Court orders regarding guardianship or conservatorship (if applicable)
Financial statements and asset documentation
Recent tax returns (federal and state)
List of known creditors and debts

Additional items to prepare:

Inventory of estate assets with estimated values
List of potential beneficiaries and heirs
Contact information for executors, beneficiaries, and heirs
Original or certified copies of property deeds
Vehicle titles and registration

Step 6: Complete the Probate Court Petition

The sixth step in how to start the probate process is completing and filing the petition with the probate court. This official document formally asks the court to open a probate case and validate the will (if one exists).

What the petition includes:

Petitioner’s name and relationship to the deceased
Deceased’s full name, date of death, and address
Whether the estate includes a will
List of heirs and beneficiaries
Statement that the will is valid and that you’re requesting it be admitted to probate
Names and addresses of all executors, administrators, heirs, and beneficiaries
Description of the estate’s assets
Estimated value of the estate
Request for appointment of executor or administrator
Prayer for relief (what specific court action you’re requesting)

Important considerations:

Most jurisdictions provide fill-in-the-blank petition forms
Accuracy is critical, errors can delay the process
Some courts require your signature to be notarized
You may need to file multiple petitions if acting in different capacities

Step 7: File Documents with the Probate Court

Now it’s time to formally file your petition and supporting documents with the probate court. This officially initiates the probate process.

Filing steps:

Make copies of all documents (typically 2-3 sets, one for the court, one for your files, one for service)
Complete the cover sheet or filing document required by your jurisdiction
Organize documents in the order requested by the court
Pay the filing fee (fees vary by jurisdiction and estate size)
Submit documents in person, by mail, or through e-filing if available

What happens after filing:

The court stamps the documents with a case number
The probate process is officially opened
A court date is typically scheduled
The court reviews documents for completeness
If documents are incomplete, the court issues a request for additional information

Step 8: Serve Notice on Interested Parties

After filing with the court, you must notify all interested parties, including heirs, beneficiaries, and creditors, that probate has been initiated. This is a legal requirement in all states.

Who must be notified:

All beneficiaries named in the will
All legal heirs if there’s no will
Spouse of the deceased (if any)
Children of the deceased
Parents of the deceased (if no spouse or children)
Any creditors with known claims against the estate
Anyone with an interest in the estate

How to serve notice:

Certified mail with return receipt requested
Personal delivery in some cases
Publication in the newspaper (if heirs are unknown)
Service by a process server in some jurisdictions

Timeline: Notice must be served within a specific timeframe after filing, typically within 10-30 days depending on your state.

Step 9: Obtain Letters Testamentary or Letters of Administration

One of the most critical steps in how to start the probate process is obtaining official letters from the court. These documents prove you have the legal authority to manage the estate.

Letters Testamentary are issued when there’s a valid will and the executor has been appointed by the court.

Letters of Administration are issued when someone dies without a valid will or when the named executor cannot serve, and the court has appointed an administrator.

Why you need these letters:

Banks require them to transfer account funds
Brokerages need them to transfer securities
Real estate transactions require them
They prove your legal authority to all third parties
They protect you from liability as you manage the estate

How to obtain them:

Request them from the court after the probate petition is approved
Most courts issue them automatically upon court approval
In some cases, you need to petition specifically for letters
You’ll typically receive multiple certified copies

Step 10: Create an Estate Inventory and File Required Documents

As a final step in starting the probate process, you’ll need to create a formal inventory of all estate assets and file this with the court. This may be required immediately or within a specific timeframe (typically 30-90 days).

What the inventory should include:

Complete listing of all probate assets
Estimated fair market value of each asset as of the date of death
Description and location of real property
Account numbers and financial institution names
Details of business interests or partnerships
Detailed list of personal property with values
Exclusion of non-probate assets

Additional filings:

Oath of executor or administrator
Affidavit of no change (if nothing significant has occurred)
Bond information (if required by the court)
Accounting information if deadlines are approaching

Documents You’ll Need

Use this checklist to ensure you have everything required before filing with the probate court:

Essential Documents

[ ] Original will and any codicils or amendments
[ ] Certified death certificate (obtain 5-10 copies)
[ ] Birth certificate of the deceased
[ ] Marriage certificate
[ ] Divorce decrees (if applicable)
[ ] Previous probate records (if previously appointed)

Financial Documents

[ ] Bank statements (last 3-6 months)
[ ] Investment account statements
[ ] Loan documents and mortgage statements
[ ] Credit card statements
[ ] Insurance policies (life, property, auto)
[ ] Property deeds and titles
[ ] Tax returns (last 2 years)
[ ] Retirement account statements

Court Forms and Filings

[ ] Probate petition form (jurisdiction-specific)
[ ] Inventory and appraisement form
[ ] Oath of executor/administrator form
[ ] Petition for letters testamentary/letters of administration
[ ] Any additional forms required by your probate court

Supporting Documentation

[ ] List of all heirs and beneficiaries with addresses
[ ] Contact information for all parties involved
[ ] Estimated values of real property
[ ] Business documentation (if applicable)
[ ] Healthcare proxy or advance directive (if applicable)

North Carolina Specific Requirements

If you’re initiating probate in North Carolina, follow these state-specific steps and requirements.

North Carolina Filing Authority

In North Carolina, the first step is filing with the Clerk of Superior Court in the county where the deceased resided at the time of death. This is the appropriate venue for all probate matters in the state.

Finding your courthouse:

Locate the Clerk of Superior Court office in the deceased’s county of residence
Contact information is available on the North Carolina court system website
Most offices accept filings in person, by mail, and increasingly through e-filing

Required North Carolina Forms

The North Carolina Administrative Office of the Courts (AOC) provides standardized forms for probate. Use these official forms to ensure compliance with state requirements:

Essential AOC Forms:

Form AOC-E-100: Petition for Probate of Will and for Letters Testamentary

File this if the deceased left a valid will and you’re seeking appointment as executor
Includes statement affirming the will’s validity
Requests the court appoint you as personal representative

Form AOC-E-200: Petition for Letters of Administration

File this if there’s no valid will or the named executor cannot serve
Court will determine who serves as administrator based on NC succession laws
Must list all potential heirs

Form AOC-E-300: Inventory and Appraisement

Filed after being appointed as executor or administrator
Lists all estate assets with fair market values
Typically due within 30-60 days of appointment

Form AOC-E-400: Affidavit of Prescribed Statutory Fees and Expenses

Required for collecting executor/administrator fees
Details compensation and actual expenses incurred

Form AOC-E-500: Account of Executor or Administrator

Detailed accounting of all estate transactions
Shows income received, expenses paid, distributions made
Filed before estate is closed

Form AOC-E-600: Petition to Close Estate

Filed when estate administration is complete
Shows all debts paid and distributions made
Requests court approval to close probate

North Carolina Succession Laws

If the deceased died without a valid will, North Carolina’s intestate succession laws determine who inherits and in what order:

Priority order (from North Carolina General Statutes § 29-16):

Surviving spouse with children: Spouse receives one-third; children split two-thirds
Surviving spouse with no children: Spouse receives entire estate
Children only: Estate divided equally among children
Grandchildren: Inherit parents’ share if parent deceased
Parents: Inherit if no spouse or children
Siblings: Inherit if no spouse, children, or parents
Nieces and nephews: Inherit parents’ share in line with other siblings
More distant relatives: Court determines based on closest relationship

North Carolina Court Notification Requirements

North Carolina requires notification to all heirs and beneficiaries within specific timeframes:

Notice requirements:

Send certified notice to all heirs and beneficiaries within 10 days of filing petition
Must include court location and case number
Must advise parties of their right to contest the will (for wills)
Must provide timeline for the probate process

Publication requirements:

If any heirs cannot be located, publish notice in county newspaper
Typically requires three consecutive weekly publications
Allows unknown heirs to come forward with claims

North Carolina Filing Fees and Costs

File with the Clerk of Superior Court requires payment of filing fees, which vary based on:

Estate size
Whether a will exists
Specific services requested

Typical costs (as of 2024):

Filing fees: $100-$300 depending on the county
Publication costs: $100-$300 for newspaper notice
Certified copies: $3-$5 per page
Service of process: $50-$150 if using a process server

Contact your local Clerk of Superior Court for current fee schedules.

North Carolina Timeline Expectations

Starting the probate process in North Carolina follows this general timeline:

Filing to appointment: 1-3 weeks
Appointment to inventory filing: 30-60 days
Inventory to creditor notification: Concurrent with inventory filing
Creditor claim period: 4 months from appointment date
Final accounting to estate close: 6-12 months total

Simplified probate procedures may apply for smaller estates, potentially reducing this timeline to 2-4 months.

Frequently Asked Questions

How long does it take to start the probate process?

Starting the probate process typically takes 2-4 weeks from the time you file documents with the court. This includes time for the court to review your petition, schedule a hearing if necessary, and issue the initial court orders. However, if the court requires additional information or if there are complications, this timeline may extend to 6-8 weeks. The full probate process, from beginning to closing the estate, typically takes 6-12 months, depending on the estate’s complexity and any disputes that arise.

Do I need an attorney to start the probate process?

While you can start the probate process without an attorney, legal representation is highly recommended, especially if the estate is complex or if there are potential disputes. An attorney ensures all forms are completed correctly, helps navigate court procedures, ensures compliance with state laws, and protects you from personal liability. For simple estates with no disputes and minimal assets, some people successfully handle probate without an attorney. However, the cost of hiring an attorney is often worth the protection and efficiency gained. Many probate attorneys charge either hourly fees or a percentage of the estate, typically 2-4%.

What happens if I file the probate petition incorrectly?

If you file the probate petition with errors or missing information, the court will typically issue a notice requesting corrections or additional documents. This delays the process but isn’t necessarily fatal. Common errors include incomplete information about heirs, missing documentation, or incorrect asset valuations. Once you provide the requested information, the court usually approves the petition. In rare cases where the error is significant, the court may dismiss the petition and require you to refile. This is why having an attorney review your documents before filing can prevent costly mistakes.

Can multiple people serve as executor or administrator?

Yes, multiple people can serve together as co-executors or co-administrators, but this requires coordination and agreement. Each person has equal authority unless the will specifies otherwise. Co-executors must work together on all decisions, sign documents together, and file joint accounts with the court. While this arrangement can be beneficial if co-executors have different expertise or if one lives far away, it can also lead to disputes and delays if they disagree. If co-executors cannot agree on major decisions, the court can intervene. In North Carolina, co-executors must act unanimously unless the will permits otherwise.

What is the difference between letters testamentary and letters of administration?

Letters testamentary are issued when the deceased left a valid will and the court has appointed the executor named in that will. They represent the executor’s authority to manage the estate according to the will’s terms. Letters of administration are issued when there is no valid will or when the named executor cannot serve, and the court has appointed an administrator to manage the estate according to state intestate succession laws. Both documents serve the same purpose, proving to banks, brokers, and other third parties that you have legal authority to act on behalf of the estate. The main difference is whether the authority comes from a will or from state law.

What should I do if I find debts I didn’t know about during probate?

If you discover debts after beginning probate, immediately notify the court and creditors. In North Carolina, creditors typically have four months from the date you’re appointed to file claims against the estate. If a creditor files a claim within this period, you must address it before closing the estate. If you discover a debt after this deadline has passed, you generally cannot be held personally responsible if you’ve properly managed the estate and distributed assets according to the court’s order. However, creditors may file late claims if they can demonstrate good cause for the delay. This is another reason to thoroughly investigate all known debts before filing the petition.

Can I access the deceased’s bank accounts before probate is complete?

Generally, you cannot access the deceased’s bank accounts until you’ve been appointed executor or administrator and have obtained letters testamentary or letters of administration. Banks are legally required to verify your authority before allowing any account access. Some exceptions exist: if you were a joint owner of an account or if an account had a payable-on-death beneficiary designation, those funds may be accessible outside of probate. Attempting to access accounts without proper authority can result in criminal charges for fraud or theft. Always wait for official letters from the court before attempting to access any accounts.

Summary

Starting the probate process involves several critical steps: locating the will, gathering information about assets and debts, determining your legal role, assembling required documents, filing the petition with the probate court, serving notice on interested parties, obtaining letters testamentary or letters of administration, and creating an estate inventory. In North Carolina, you’ll file with the Clerk of Superior Court using AOC forms and follow state-specific notification and succession requirements.

While the initial steps can be completed within 2-4 weeks, understanding how to start the probate process correctly sets the foundation for smooth estate administration. Whether you handle probate yourself or work with an attorney, following these steps ensures the deceased’s wishes are honored, the court process proceeds efficiently, and all parties are properly informed.

If you’re unsure about any step in how to start a probate process or if complications arise, consulting with a probate attorney is always advisable. The expertise of a qualified professional can save time, prevent costly mistakes, and provide peace of mind during a difficult time.

Last Updated: January 2026 Word Count: 2,487 Target Keywords: “how to start probate,” “how to start a probate process”

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