Petition for Probate Template
[Name of Court]
[County / District]
[State]
In the Matter of the Estate of:
[Decedent Full Name], Deceased
Case No.: [Case Number, if known]
PETITION FOR PROBATE
1. Petitioner Information
Petitioner Name: [Full Name]
Address: [Street Address]
City, State, ZIP Code: [City, State, ZIP Code]
Phone Number: [Phone Number]
Email Address: [Email Address]
Petitioner’s relationship to the decedent:
[Named Executor / Spouse / Child / Heir / Beneficiary / Creditor / Other]
2. Decedent Information
The decedent is:
Full Name: [Decedent Full Name]
Date of Death: [Date of Death]
Age at Death: [Age, if known]
Residence at Time of Death: [Address]
County and State of Residence: [County, State]
The decedent died:
☐ Testate, leaving a will
☐ Intestate, without a will
☐ With a will requiring probate and appointment of a representative
3. Jurisdiction and Venue
This court is the proper court for this proceeding because:
☐ The decedent resided in this county at the time of death
☐ The decedent owned property in this county
☐ Another lawful basis applies: [Describe]
4. Will Information
Complete this section if a will exists.
Date of Will: [Date]
Date of Codicil, if any: [Date]
The original will:
☐ Is filed with this petition
☐ Will be filed separately
☐ Is unavailable, as explained below
Explanation, if needed:
[Describe circumstances relating to the will, codicil, or copy]
Petitioner asks the court to:
☐ Admit the will to probate
☐ Admit the will and codicil to probate
☐ Determine the validity of the will as allowed by law
☐ Other: [Describe]
5. Request for Appointment
Petitioner requests appointment of the following person as personal representative of the estate:
Name: [Full Name]
Address: [Street Address]
City, State, ZIP Code: [City, State, ZIP Code]
Phone Number: [Phone Number]
Email Address: [Email Address]
Requested appointment:
☐ Executor
☐ Administrator
☐ Administrator with will annexed
☐ Special administrator
☐ Other: [Describe]
The proposed personal representative is qualified to serve because:
[State basis for qualification]
6. Heirs and Beneficiaries
The following persons are heirs, devisees, beneficiaries, or other interested persons known to petitioner:
Name: [Full Name]
Relationship to Decedent: [Relationship]
Address: [Address]
Name: [Full Name]
Relationship to Decedent: [Relationship]
Address: [Address]
Name: [Full Name]
Relationship to Decedent: [Relationship]
Address: [Address]
Add additional names if needed.
7. Estate Information
To the best of petitioner’s knowledge, the estate includes the following property or categories of property:
☐ Real property
☐ Bank accounts
☐ Investment accounts
☐ Business interests
☐ Vehicles
☐ Personal property
☐ Insurance or death benefits payable to the estate
☐ Other: [Describe]
General description of known estate assets:
[Describe assets]
Estimated value of the estate, if known:
[Estimated Amount or “Unknown at this time”]
8. Need for Probate Administration
Probate administration is needed for the following reasons:
[Describe why court appointment is required, such as transfer of property, payment of debts, authority to act, or estate administration needs]
The estate may require the personal representative to:
gather and protect estate assets;
identify and address debts or claims;
manage estate property during administration; and
distribute the estate according to the will or applicable law.
9. Bond
As to bond for the proposed personal representative:
☐ Bond is not required under the will
☐ Bond is waived by law or by written waiver, if permitted
☐ Bond should be waived for the following reason: [Explain]
☐ Bond should be required in the amount of: [Amount]
☐ Petitioner requests the court determine bond as appropriate
10. Notice
Petitioner will provide notice of this petition and the hearing as required by applicable law and court procedure to all interested persons entitled to receive notice.
Persons requiring notice include heirs, beneficiaries, nominated fiduciaries, creditors if required, and any other persons entitled to notice under applicable law.
11. Additional Requests
Petitioner further requests the following, if applicable:
☐ Issuance of letters to the personal representative
☐ Authority to administer the estate with full powers allowed by law
☐ Authority limited as follows: [Describe]
☐ Admission of will to probate
☐ Determination of heirs
☐ Appointment without bond
☐ Other relief: [Describe]
12. No Known Disqualification
To the best of petitioner’s knowledge:
the proposed personal representative is not disqualified from serving;
the information stated in this petition is true and complete as presently known; and
no other person has a superior right to appointment except as disclosed below.
Any competing claim or issue concerning appointment is as follows:
[Describe or write “None known”]
13. Request for Relief
Petitioner respectfully asks the court to:
open the probate proceeding for the estate of [Decedent Full Name];
admit the decedent’s will to probate, if applicable;
appoint [Proposed Personal Representative Full Name] as personal representative of the estate;
issue the appropriate letters or other authority to act;
set bond in the proper amount or waive bond if permitted; and
grant any further relief the court finds proper.
14. Declaration and Signature
I declare under penalty of perjury under the laws of [State] that the statements in this Petition for Probate are true and correct to the best of my knowledge.
Date: [Date]
Signature: __________________________
Name: [Petitioner Full Name]
15. Proposed Personal Representative Acknowledgment
I, [Proposed Personal Representative Full Name], state that I am willing to serve as personal representative if appointed by the court and will perform the duties required by law and court order.
Signature: __________________________
Name: [Proposed Personal Representative Full Name]
Date: [Date]
16. Attorney Information, if Any
Attorney Name: [Attorney Full Name]
Bar Number: [Bar Number, if applicable]
Law Firm: [Law Firm Name]
Address: [Street Address]
Phone Number: [Phone Number]
Email Address: [Email Address]
Attorney for: [Petitioner / Proposed Personal Representative / Other]
17. Optional Attachment List
Attach supporting documents if needed:
☐ Certified copy of death certificate
☐ Original will
☐ Codicil
☐ Waiver of bond
☐ Consents or renunciations
☐ List of interested persons
☐ Proposed order
☐ Other: [Describe]
