Petition for Probate is the formal process of requesting that the local probate court, via a form, appoint the desired executor or personal representative to act on behalf of the deceased's estate.
What you need to know
Petitioning the court is the first formal step you take during the probate process.
Petitioning the court is how executors or personal representative get their letters of administration or testamentary, which let them access sensitive accounts and assets.
You petition the court by filling out a form that you can get at the probate court or online.
Petitioning the court formally begins probate, so it's best to have an idea of what level of probate you need beforehand.
Petitioning the court is step one in probate, and it's just a form you submit to your local probate court to let the courts know that you are starting to settle the estate / need an executor or personal representative appointed.
This is what gives the executor their letters, which are what you use to get into bank accounts, safe deposit boxes, retirement accounts — you name it. If you need access to something that was privately the deceased, chances are you need these letters.
The forms vary widely by state, but here's an example from Nashville, TN.
Generally speaking, this is what you need to fill out a petition for probate form:
For the Person Who Passed (decedent):
- Full name
- Nationality
- Last known address
- Marriage status
- What they did for a living
- Death certificate
For the Will:
- Date and place of execution of the relevant will (if it exists)
For the Heirs/Beneficiaries
- Relationship to deceased
- If they passed before the deceased
- Misc. personal details depending on the court
For the Executor(s):
- Number of desired executors
- Names of executors
- Permanent address
- Age
- Nationality
Other misc. info:
- Basic information on known assets: nature of assets, any IP registrations like copyrights, and approximate values of various properties.
It gets tricky, though, because sometimes you need your letters of testamentary or administration to figure out what assets exist.
For a breakdown on that dilemma and how to make the best probate choice, read our What is Probate: A Beginner's Guide
What to do when a loved one dies
When people die, they leave behind a life that must be closed out. Don't tackle it all alone. From planning the funeral to tackling the legal & financial estate, here's an ultimate checklist of all the things an executor needs to do following the loss of a loved one.
Learn moreGrant passed away a few weeks ago, and he left a will that his wife, Sarah, has been reading through. The will lists Sarah as the executor, and after doing some research on that responsibility, she realizes that in order to access her husband's personal bank accounts and safe deposit box, she needs her letters testamentary from the local probate court.
Sarah looks up her local probate court using a probate court directory, downloads the probate petition form through Atticus, and then prints and fills it out before bringing the form into the court. Once she drops the form off, she officially begins probate and will eventually be appointed executrix of the estate, assuming there are no complications or disputes.
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Nathan Phelps
Nathan is a Sr. Content Lead at Atticus and owner of Crafted Copy, a boutique copywriting and marketing shop based out of Nashville, TN. He has written hundreds of articles, white papers, and emails in industries like estate settlement, finance, and psychology, and his writing is read by millions of people across the internet each year.
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