Step by Step Guide to Opening a Probate Estate

Once the estate lawyer has enough information to draft the court documents required to open the probate estate, the Personal Representative/Executor and, if applicable, beneficiaries named in the decedent's Last Will and Testament or heirs at law, will be required to review and sign the appropriate documents. While these legal documents will vary from state to state, or even from county to county within the same state, they'll generally include the following:

• Petition for Probate Administration


• Oath and Acceptance of Personal Representative/Executor


• Appointment of Resident Agent


• Joinders, Waivers and Consents


• Petition to Waive Bond


• Order Admitting Will to Probate


• Order Appointing Personal Representative/Executor


• Order Waiving Bond


• Letters of Administration/Letters Testamentary

Probate Checklist - 8 Steps to Opening a Probate Estate