To start probate when someone died without a will, file a petition for Letters of Administration in the probate court of the county where the deceased permanently lived. The court reviews who has priority to serve, appoints an administrator, and issues letters that give that person legal authority to collect assets, pay debts, and distribute whatever remains to heirs under the state’s intestacy laws. The steps below walk through what to check before filing, who can file, what to bring, and what happens at the first hearing.
First, Check Whether Full Probate Is Necessary
Before filing anything, look at what the deceased actually owned and how it was titled. A surprising share of a typical estate never touches probate court, and if enough of the property transfers on its own, you may not need to open a case at all.
Assets that pass outside probate include:
- Real estate or bank accounts held as joint tenants with right of survivorship, which pass to the surviving co-owner.
- Life insurance proceeds paid to a named beneficiary (unless the estate itself was the beneficiary).
- Retirement accounts such as 401(k)s, IRAs, and pensions with a named beneficiary.
- Payable-on-death and transfer-on-death accounts, and in some states real estate with a transfer-on-death deed.
- Property held in a revocable living trust, which the trustee distributes directly.
Only assets solely in the deceased’s name, with no beneficiary and no survivorship feature, form the probate estate. Add those up. Every state offers a simplified path for smaller estates, usually either a small estate affidavit (a sworn statement presented directly to the bank or other holder of the asset) or a shortened court process called summary administration. Thresholds vary widely by state, from around $10,000 up to roughly $275,000 in personal property, with a typical cutoff near $50,000. Some states set a higher limit when the sole heir is a surviving spouse, and some set different limits for personal property and real estate.
Small estate affidavits usually require a short waiting period after the death, often 30 to 45 days, and are used with a certified death certificate. If the probate assets fall below the threshold, this route can move property in weeks rather than months. Check the probate court in the county where the deceased lived for the current threshold and the exact form.
Who Has Priority to File as Administrator
If the estate does need full probate, only certain people can petition to serve as administrator, and state law sets the order. The typical priority is:
- Surviving spouse
- Adult children
- Parents
- Siblings
- Other relatives
- Creditors, usually only after a waiting period such as 45 days from the date of death
Someone higher on the list has first right. If that person does not want the job, they can renounce by filing a signed, notarized statement with the court, and they can usually nominate someone to take their place at the same priority level.
Priority alone is not enough. Most states require the administrator to be at least 18 and mentally competent. A felony conviction, particularly one involving dishonesty or fraud, can disqualify a candidate in many jurisdictions. Courts also have discretion to reject someone they consider unsuitable, such as a person with a serious conflict of interest or a history of financial mismanagement.
Gather These Documents Before You File
Assemble the following before going to the court:
- A certified copy of the death certificate. Not a photocopy. Order several from the vital records office; banks, government agencies, and the court will each want one.
- A preliminary asset inventory listing real estate, bank accounts, vehicles, investments, and significant personal property with approximate values. The court uses this to gauge the size of the estate.
- A list of heirs with full names, current mailing addresses, and each person’s relationship to the deceased. Include everyone who could inherit under intestacy law, including estranged family members.
- The Petition for Letters of Administration itself. Get the form from the probate court clerk’s office or, in many counties, from the court’s website. The petition asks for the deceased’s date of death, last address, an estimate of the gross value of the estate, and the names of all heirs.
Plan for a Probate Bond
Many courts require the administrator to post a probate bond before issuing letters. The bond is a financial guarantee: if the administrator mishandles assets, the bonding company pays the heirs and creditors and then seeks repayment from the administrator. The bond amount usually matches the estimated value of the estate.
Premiums generally run between 0.5% and 1% of the bond amount per year for applicants with good credit, so a $200,000 estate translates to roughly $1,000 to $2,000 annually. Applicants with poor credit can see rates of 2% to 5%. Courts sometimes waive the bond when all heirs are adults and consent to the waiver, or when the estate is small. Ask the clerk about a waiver before you pay for a bond.
File the Petition With the Probate Court
File the completed petition in the county where the deceased permanently resided. Many courts accept filings in person at the clerk’s window, and a growing number offer electronic filing. You pay the filing fee at the time of submission. Fees vary by jurisdiction, and some courts charge a flat rate while others scale the fee to the estate’s estimated value. Expect anywhere from under $100 for a modest estate to over $1,000 for a large one.
Once the clerk accepts the petition and fee, you receive a case number and, in most courts, a scheduled hearing date. The clerk checks the filing for completeness, including signatures, notarizations, and supporting documents. Missing items can be rejected outright or sent back for correction. Accepted, the filing formally opens the probate case and starts the legal timeline.
The Initial Hearing and Your Letters of Administration
At the first hearing, the judge confirms the court has jurisdiction, verifies that the deceased died without a valid will, and evaluates whether you are qualified to serve. Any interested party can appear and object. Common objections involve disputes over who has priority or arguments that the proposed administrator is unfit.
If no one objects and the paperwork is in order, the judge signs an order appointing you as administrator, and the court issues Letters of Administration. Those letters are the whole point of the filing. They are your legal authority to access the deceased’s bank accounts, deal with property, negotiate with creditors, and eventually distribute assets. Without them, financial institutions will not recognize you as having authority over the estate. Ask the clerk for several certified copies; you will present them repeatedly in the months that follow.
What You Must Do Right After Appointment
Being appointed is the start of the administrator’s work, not the end. Two notification duties come immediately.
Direct Notice to Known Heirs and Creditors
Send written notice of the probate proceeding to every heir named in the petition and to every creditor you know about, including mortgage lenders, credit card issuers, and medical providers. Most states require certified mail or another method that creates proof of delivery. The notice tells recipients that probate has opened and that they can participate, file claims, or object.
Published Notice for Unknown Creditors
To reach creditors you do not know about, publish a legal notice in a newspaper of general circulation in the county where the case is filed. Publication usually runs once a week for several consecutive weeks; three weeks is common. The notice announces the death, identifies the estate, and gives unknown creditors a deadline to file claims, typically two to six months from the first publication date. After the run, the newspaper provides an affidavit of publication. File it with the court as proof you met the notice requirement. Publication costs generally run from a few dozen dollars to a few hundred.
What Comes Next
Opening the case is only the first phase. Once notice has gone out, creditor claims arrive, and you review and either accept or reject each one. State law sets the order in which valid debts and expenses get paid, and paying a lower-priority claim ahead of a higher-priority one can make you personally liable for the shortfall. Do not distribute anything to heirs until debts, taxes, and expenses have been paid or accounted for.
The estate also has tax responsibilities. It needs its own Employer Identification Number, which you can request free from the IRS on Form SS-4 and receive immediately online.1Internal Revenue Service. Information for Executors You will file the deceased’s final individual income tax return (Form 1040) for the year of death, signing as personal representative and attaching a copy of the appointment order.2Internal Revenue Service. Filing a Final Federal Tax Return for Someone Who Has Died If the estate earns $600 or more in gross income after the date of death, you also file Form 1041.3Internal Revenue Service. 2025 Instructions for Form 1041 and Schedules A, B, G, J, and K-1 Federal estate tax applies only to estates exceeding $15,000,000 in total value for 2026, so most estates owe none, but some states impose their own estate or inheritance taxes at lower thresholds.4Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026, Including Amendments From the One, Big, Beautiful Bill
After debts and taxes are settled, you file a formal inventory of estate assets and, in many courts, periodic accountings. Assets then go to heirs in the shares set by state intestacy law, which favors surviving spouse and children first, then parents, siblings, and more distant relatives. You collect signed receipts from each heir, file a final accounting, and petition the court for discharge, which formally closes the estate.
A straightforward case with cooperative heirs and no contested claims usually takes six months to a year from filing to close. Disputes among heirs, complex assets, missing beneficiaries, or creditor litigation can extend that considerably.