Petition for Probate

PETITION FOR PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE

COURT INFORMATION

State of: [________________________________]

County of: [________________________________]

Court: [☐ Probate Court ☐ Surrogate's Court ☐ Superior Court - Probate Division ☐ Circuit Court - Probate Division]

Case Number: [________________________________] (Court Use Only)

IN THE MATTER OF THE ESTATE OF:

Decedent's Full Legal Name: [________________________________]

Also Known As (AKA): [________________________________]

Deceased

I. PETITIONER INFORMATION

Name of Petitioner: [________________________________]

Relationship to Decedent: [________________________________]

Address:
Street: [________________________________]
City: [________________] State: [____] Zip: [________]

Telephone: [(___)___-____]

Email: [________________________________]

Attorney for Petitioner (if applicable):
Name: [________________________________]
Bar Number: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [(___)___-____]
Email: [________________________________]

II. DECEDENT INFORMATION

Full Legal Name: [________________________________]

Date of Birth: [__/__/____]

Date of Death: [__/__/____]

Age at Death: [____]

Place of Death:
City: [________________] County: [________________] State: [____]

Domicile at Death:
Street: [________________________________]
City: [________________] County: [________________] State: [____] Zip: [________]

Social Security Number: [___-__-____]

Marital Status at Death:
☐ Married ☐ Single ☐ Widowed ☐ Divorced ☐ Legally Separated ☐ Domestic Partner

III. WILL INFORMATION

A. Existence of Will

☐ Decedent died TESTATE (with a valid will)
☐ Decedent died with a will and codicil(s)

Date of Will: [__/__/____]

Date(s) of Codicil(s): [________________________________]

Location of Original Will:
☐ Filed herewith
☐ Previously deposited with this Court on [__/__/____]
☐ In possession of: [________________________________]
☐ Lost/Destroyed (attach statement regarding circumstances)

B. Will Execution

The Will offered for probate:
☐ Was signed by the Decedent
☐ Was signed by another at Decedent's direction in Decedent's presence
☐ Was witnessed by at least two (2) competent witnesses
☐ Contains a self-proving affidavit
☐ Is a holographic will (entirely in Decedent's handwriting)

C. Prior Wills

Are there any other known wills or codicils?
☐ No
☐ Yes (describe disposition): [________________________________]

IV. HEIRS AND BENEFICIARIES

Are there any unknown heirs? ☐ No ☐ Yes

Are there any predeceased heirs with surviving issue? ☐ No ☐ Yes
If yes, explain: [________________________________]

V. TYPE OF PROBATE REQUESTED

A. Probate Proceeding Type:

☐ Informal Probate (UPC § 3-301 et seq.)

• No hearing required
• Uncontested matters only
• Registrar appointment

☐ Formal Probate (UPC § 3-401 et seq.)

• Court hearing required
• For contested matters or when interested party requests
• Judicial determination of testacy

B. Administration Type:

☐ Independent Administration (unsupervised)

• Minimal court oversight
• Personal representative acts without court approval for routine matters

☐ Supervised Administration (UPC § 3-501 et seq.)

• Court supervision of estate administration
• Court approval required for distributions

☐ Summary Administration (small estate)

• Estate value under $[________] (state threshold)
• Simplified procedures

VI. ESTATE ASSETS (Preliminary Estimate)

A. Real Property

B. Personal Property

Estimated Total Estate Value: $[________________________________]

C. Known Debts and Liabilities

Estimated Total Debts: $[________________________________]

VII. PROPOSED PERSONAL REPRESENTATIVE

A. Nominee Information

Name: [________________________________]

Address:
Street: [________________________________]
City: [________________] State: [____] Zip: [________]

Telephone: [(___)___-____]

Email: [________________________________]

Relationship to Decedent: [________________________________]

B. Qualification

The proposed Personal Representative:

☐ Is named as Executor in the Will
☐ Has priority under state intestacy laws
☐ Is a resident of this state
☐ Is a non-resident (if permitted by state law)
☐ Is 18 years of age or older
☐ Is not incapacitated
☐ Has not been convicted of a felony (or explain): [________________________________]

C. Alternate Personal Representative (if applicable)

Name: [________________________________]
Address: [________________________________]
Relationship: [________________________________]

VIII. BOND

☐ Bond should be WAIVED because:
☐ The Will waives bond
☐ All interested persons consent to waiver
☐ Other: [________________________________]

☐ Bond should be REQUIRED in the amount of: $[________________]

☐ Bond with PERSONAL SURETIES requested

☐ Bond with CORPORATE SURETY requested

IX. SPECIAL CIRCUMSTANCES

A. Minor or Incapacitated Heirs

☐ No minor or incapacitated heirs/beneficiaries
☐ Minor heirs/beneficiaries exist (Guardian ad litem may be required)
☐ Incapacitated heirs/beneficiaries exist (Guardian/Conservator information):
Name of Guardian/Conservator: [________________________________]
Court and Case Number: [________________________________]

B. Pending Litigation

☐ No pending litigation involving Decedent or estate
☐ Pending litigation exists:
Case Name: [________________________________]
Court: [________________________________]
Case Number: [________________________________]
Nature: [________________________________]

C. Estate Tax Considerations

☐ Federal estate tax return (Form 706) will NOT be required
☐ Federal estate tax return (Form 706) will likely be required
☐ State estate/inheritance tax return will be required

X. REQUESTS

Petitioner respectfully requests that this Court:

☐ Admit the Will dated [__/__/____] to probate

☐ Admit the Codicil(s) dated [________________________________] to probate

☐ Determine that Decedent died testate

☐ Appoint [________________________________] as Personal Representative

☐ Issue Letters Testamentary to the Personal Representative

☐ Authorize Independent Administration of the Estate

☐ Waive bond requirement

☐ Set bond in the amount of $[________________]

☐ Grant full authority under the Independent Administration of Estates Act (if applicable)

☐ Other: [________________________________]

XI. VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the State of [________________] that:

1. I am the Petitioner in this matter or am authorized to act on behalf of the Petitioner.

2. I have read this Petition and know its contents.

3. The matters stated in this Petition are true to my own knowledge, except as to matters stated on information and belief, and as to those matters, I believe them to be true.

4. I have made a diligent search and have provided information regarding all persons entitled to notice of this proceeding.

5. The Will submitted is the last Will of the Decedent known to me.

Executed on [__/__/____] at [________________], [____].

Petitioner Signature: _________________________________

Printed Name: _________________________________

XII. CONSENT TO SERVE

I, [________________________________], consent to serve as Personal Representative of the Estate of [________________________________], Deceased. I understand my fiduciary duties and will faithfully perform them according to law.

Signature: _________________________________

Date: [__/__/____]

ATTACHMENTS CHECKLIST

☐ Certified Copy of Death Certificate
☐ Original Will and Codicil(s) (or certified copies if originals previously filed)
☐ Self-Proving Affidavit (if separate from Will)
☐ Proposed Order Admitting Will to Probate
☐ Proposed Letters Testamentary
☐ Notice of Hearing (if formal probate)
☐ Proof of Service/Mailing to Interested Parties
☐ Bond (if required)
☐ Filing Fee Payment
☐ Affidavit of Subscribing Witness (if Will not self-proving)
☐ Additional Exhibits: [________________________________]

STATE-SPECIFIC VARIATIONS

California: Use Judicial Council Form DE-111; Probate referee required for appraisals
Texas: Independent administration available if authorized by will or all heirs consent
Florida: Summary administration available for estates under $75,000; formal administration otherwise
New York: SCPA § 1402 petition requirements; must file in Surrogate's Court
Illinois: Independent administration under 755 ILCS 5/28-1 et seq.
Pennsylvania: Register of Wills handles probate; Letters Testamentary or Letters of Administration

END OF PETITION