To file a last will and testament, deliver the original signed will to the probate court in the county where the deceased person legally resided, together with a certified death certificate and a petition for probate asking the court to accept the will and appoint the executor. That court filing is what opens the estate and gives the executor legal authority to act. Most states expect it to happen quickly after death, and skipping a required document or missing the deadline can stall everything.
Where to File
File in the probate or surrogate’s court in the county where the deceased person legally resided at the time of death. Not where they owned property, not where they happened to die. Where they lived.
If the deceased owned property in more than one state, the primary estate opens in the home state. Separate proceedings, called ancillary probate, may be needed in each additional state where real property sits.
The Deadline for Filing After Death
Most states set a deadline for delivering a will to the probate court after the testator dies. The timeframe varies, but 30 days is common. Some states give more time, and a handful set no hard deadline, though even those expect prompt action.
Delay carries real consequences. The person holding the will can face civil liability to heirs harmed by the wait. In some states, deliberately withholding or concealing a will is a criminal offense, particularly if the person holding it stood to benefit from the will never surfacing. Heirs who would have inherited under the will may also sue for the value of what they lost.
Practical problems pile up alongside the legal ones. Bills go unpaid, bank accounts get frozen, and property sits in limbo. The longer the gap between death and filing, the messier the administration becomes.
Documents the Court Requires
The probate court will not open an estate without a specific set of documents. Missing one sends you back to the clerk’s window.
- The original will. Courts require the actual signed document, not a photocopy. Any codicils (amendments) must also be originals. If the original is missing, most courts presume the testator destroyed it on purpose. Some states will admit a copy if you can present clear and convincing evidence of the contents, that the will was not revoked, and that it was properly signed, but that is an uphill fight that usually requires witness or drafting-attorney testimony.
- A certified death certificate. This is official proof the testator has died. Order certified copies from the vital records office in the county or state where the death occurred, and order several at once, because banks, insurers, and government agencies will each want their own.
- A petition for probate. This court form asks the judge to accept the will and appoint the executor. It requires the deceased person’s full name, date of death, and last address, along with contact information for the proposed executor, every beneficiary named in the will, and the legal heirs. The form is usually available on the county court’s website or from the clerk’s office.
Does the Will Have a Self-Proving Affidavit?
If the will has a self-proving affidavit attached, filing moves faster. A self-proving affidavit is a notarized statement signed by the witnesses at the time the will was executed, confirming they watched the testator sign and that the testator appeared to be of sound mind. With it, the witnesses do not need to appear in court, and the will can typically be admitted more quickly.
Without one, the court may need to track down the original witnesses to testify that the will is authentic. That can take weeks or months, especially if a witness has moved, become incapacitated, or died.
How to Submit the Filing
Once you have the right court identified and your documents in hand, submit the original will, the petition for probate, and the certified death certificate to the clerk’s office. Some courts accept filings in person only. Others allow mail or electronic submission. Call the clerk if the court’s website isn’t clear.
The clerk will collect a filing fee, which varies widely by state and sometimes by estate value. Fees at the low end run under $100; at the high end they can exceed $1,000. Budget for at least a few hundred dollars.
After the court accepts the initial paperwork, the executor must give formal notice to every beneficiary named in the will, every legal heir (even those not named in the will), and all known creditors. Many states also require publishing a notice in a local newspaper to alert creditors the executor may not know about. This step is a legal requirement, not a courtesy. Skipping it can expose the executor to personal liability.
Will the Executor Need a Bond?
Before issuing formal authority to act, the court may require the executor to post a surety bond. The bond functions as an insurance policy that protects the estate and its beneficiaries if the executor mishandles assets, fails to pay debts, or engages in self-dealing. The bond amount is usually set at 100% to 200% of the estate’s personal property value.
The requirement is often waived if the will specifically says no bond is needed. Language like “I direct that my executor serve without bond” is standard in well-drafted wills. Even without that language, courts may waive the bond if all beneficiaries agree it is unnecessary. Courts are more likely to insist on a bond when minor or incapacitated beneficiaries are involved, when the executor lives out of state, or when the estate is large enough that mismanagement would cause serious harm.
The executor does not pay the full bond amount out of pocket. They pay an annual premium to a surety company, typically a small percentage of the bond amount, and the estate usually reimburses the cost.
What the Court Does Next
A judge reviews the will to confirm it meets the state’s legal requirements: proper signatures, the correct number of witnesses, no obvious signs of tampering or fraud. If the will has a self-proving affidavit, this step is largely a formality. If it does not, the court may schedule a hearing and call witnesses.
Assuming the will passes review and nobody objects, the court enters an order admitting the will to probate and formally appoints the executor. The court then issues a document called Letters Testamentary, which is the executor’s proof of legal authority over the estate.1Legal Information Institute. Letters Testamentary Banks, brokerages, title companies, and government agencies all ask to see this document before cooperating. Without it, the executor cannot access accounts, transfer property, or pay the estate’s debts.
Inventory and Creditor Claims
Shortly after receiving Letters Testamentary, the executor must compile a detailed inventory of every asset in the estate and file it with the court. Deadlines vary by state but commonly fall in the 60- to 90-day range after appointment. The inventory should include real estate, bank accounts, investment accounts, vehicles, personal property of significant value, and any debts owed to the estate.
The creditor claims window runs at the same time. Once the executor publishes notice to creditors and mails notice to any creditors they already know about, a clock starts. Creditors typically have a few months from the date of publication to file a claim. The executor reviews each claim and either pays it or formally disputes it. After the claims period closes, creditors who missed the deadline are generally barred from collecting. The executor cannot safely distribute assets to beneficiaries until that window has passed.
When Full Probate Isn’t Required
Not every will needs the full court process. Most states offer streamlined procedures for estates below a certain value, and qualifying can save significant time and money. There are two main forms.
Simplified probate (sometimes called summary administration) is a shorter version of the standard court process. The executor files a petition stating that the estate’s value falls below the state threshold, and the court moves things along on a faster track with less oversight. Thresholds vary dramatically by state, roughly from $50,000 to over $200,000.
Small estate affidavits skip the court entirely. A beneficiary prepares a sworn statement, has it notarized, and presents it directly to whoever holds the asset, such as a bank or brokerage. The institution releases the asset without a court order. This generally works for everything except real estate, and only when the total estate value (after removing assets that pass outside probate, like jointly held accounts or life insurance) falls below the state’s threshold.
Even if the gross estate seems too large, assets that transfer automatically at death don’t count toward the threshold in most states. Jointly owned property, accounts with named beneficiaries, and assets held in trusts all pass outside probate. Once you subtract those, what’s left may qualify for the simplified route.
Tax Paperwork That Runs Alongside the Court Filing
The court filing is one track. The IRS runs on its own.
The Estate’s Tax ID
The estate needs its own tax identification number, called an Employer Identification Number, before the executor can open an estate bank account or file tax returns. You apply using IRS Form SS-4. Doing it online through the IRS website produces the number immediately at no charge.2Internal Revenue Service. Information for Executors
Estate Income Tax
If the estate earns more than $600 in gross income during administration (from interest, rent, dividends, or similar sources), the executor must file Form 1041, the estate income tax return.3Internal Revenue Service. Instructions for Form 1041 and Schedules A, B, G, J, and K-1 (2025) That $600 threshold is low and catches many estates people assume are too small to worry about. The return is due by April 15 of the year following the tax year, unless the executor elects a fiscal year.
Federal Estate Tax
The federal estate tax applies only to estates exceeding the basic exclusion amount, which for 2026 is $15,000,000.4Internal Revenue Service. Whats New – Estate and Gift Tax Most estates fall well below this threshold and owe no federal estate tax. For those that exceed it, the executor must file Form 706 within nine months of the date of death, though a six-month extension is available. State-level estate or inheritance taxes have much lower thresholds in some jurisdictions, so check whether a state return is also required.