Petition for Probate
The document that opens a probate case and asks the court to appoint an executor.
What Petition for Probate means in an estate
The petition for probate is the opening filing that asks the court to accept the will (if there is one) and appoint the executor or administrator. Once granted, the court issues letters that give the fiduciary authority to act. The form's name, what must be attached, and the notice that has to go out vary by state.
How this works in your state
The concept is national, but the forms, procedure names, thresholds, and filing practice vary by state. Open your state glossary and guides to see how petition for probate is handled where the estate is being settled.
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Information current as of April 4, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.