Dealing with the loss of a loved one is never easy, and the legal complexities that follow can be overwhelming.
One crucial aspect of settling an estate is the probate process, which involves validating the deceased’s will and appointing an executor to manage the distribution of assets.
Sample Petitions for Probate of Will
To initiate this process, a petition for probate must be filed with the court.
This article will provide you with fifteen sample petitions that can guide you when drafting your own.
Sample Petition One
[Court Name and Address]
In the Matter of the Estate of [Deceased’s Name], Deceased.
Case No.: [Case Number]
Petition for Probate of Will and Appointment of Executor
Petitioner, [Your Name], respectfully represents:
1. [Deceased’s Name], the decedent, died on [Date of Death], a resident of [County, State]. A copy of the death certificate is attached hereto as Exhibit A.
2. The decedent left a will dated [Date of Will], a copy of which is attached hereto as Exhibit B. The will was validly executed and is the decedent’s last will.
3. Petitioner is named in the will as the executor and is willing and able to serve in that capacity.
4. The decedent’s heirs at law are: [List heirs’ names, relationships, ages, and addresses].
5. The estimated value of the estate’s assets is: [Estimated Value].
WHEREFORE, Petitioner prays that:
1. The will be admitted to probate.
2. Letters Testamentary be issued to Petitioner.
3. Such other relief as the Court deems just and proper.
Dated: [Date]
[Signature of Petitioner]
[Printed Name of Petitioner]
[Address, Phone Number, Email]
Sample Petition Two
[Court Name and Address]
In the Matter of the Estate of [Deceased’s Name], Deceased.
Case No.: [Case Number]
Petition for Probate of Will and Appointment of Executor
Petitioner, [Your Name], states:
1. Petitioner is an interested person as defined by [State] Probate Code Section [Number] because Petitioner is named the executor in the decedent’s will.
2. [Deceased’s Name], the decedent, died on [Date of Death], a resident of [County, State]. A certified copy of the death certificate is attached as Exhibit A.
3. Venue is proper because, at the time of death, the decedent was domiciled in this county.
4. The decedent died testate, leaving a will dated [Date of Will]. The original will, including any codicils, is in the possession of the Court or accompanies this petition. A copy of the will is attached as Exhibit B.
5. To the best of Petitioner’s knowledge, the will was validly executed and is the decedent’s last will. No proceeding is pending for the revocation of the will.
6. The names, relationships, ages, and addresses of the decedent’s heirs and devisees are listed in Attachment 6.
7. Petitioner is [Age] years old and resides at [Address]. The petitioner is named in the will as the executor and is willing to serve.
8. The estimated value of the estate’s property is: [Estimated Value].
Petitioner requests that:
1. The will and any codicils be admitted to probate.
2. Letters Testamentary be issued to Petitioner.
Dated: [Date]
[Signature of Petitioner]
[Printed Name of Petitioner]
[Address, Phone Number, Email]
Sample Petition Three
[Court Name and Address]
In the Matter of the Estate of [Deceased’s Name], Deceased.
Case No.: [Case Number]
Petition for Probate of Will and Letters Testamentary
Petitioner, [Your Name], respectfully shows to the Court that:
1. Petitioner is a person interested in this estate as the named executor in the decedent’s last will.
2. [Deceased’s Name], domiciled in [County, State], died testate on [Date of Death]. A copy of the death certificate is attached as Exhibit A.
3. The original will, dated [Date of Will], is in the possession of the Court or accompanies this petition. A copy of the will is attached as Exhibit B.
4. The will is the decedent’s last will and was duly executed. No petition for the revocation of the will has been filed.
5. The names, ages, relationships, and addresses of the decedent’s heirs and devisees are:
[List heirs and devisees]
6. Petitioner is [Age] years old and resides at [Address]. Petitioner is named in the will as the executor and is qualified to act as such.
7. The estimated value of the estate’s property is: [Estimated Value].
Petitioner prays that:
1. The will be admitted to probate.
2. Petitioner be appointed executor of the decedent’s estate and that Letters Testamentary be issued.
Dated: [Date]
[Signature of Petitioner]
[Printed Name of Petitioner]
[Address, Phone Number, Email]
Sample Petition Four
[Court Name and Address]
In the Matter of the Estate of [Deceased’s Name], Deceased.
Case No.: [Case Number]
Petition for Probate of Will and Appointment of Personal Representative
Petitioner, [Your Name], states as follows:
1. Petitioner is an interested person as defined by [State] Probate Code Section [Number] because Petitioner is a devisee under the decedent’s will.
2. [Deceased’s Name], the decedent, died testate on [Date of Death], domiciled in [County, State]. A certified copy of the death certificate is attached as Exhibit A.
3. The original will, dated [Date of Will], is in the possession of the Court or accompanies this petition. A copy of the will is attached as Exhibit B.
4. The will is the decedent’s last will and was validly executed. No action is pending for the revocation of the will.
5. The names, relationships, ages, and addresses of the decedent’s heirs and devisees are listed in Attachment 5.
6. [Executor’s Name] is named in the will as the executor and is qualified to act as personal representative. [Executor’s Name] has priority for appointment as the executor named in the will.
7. The estimated value of the estate’s property is: [Estimated Value].
Petitioner requests that:
1. The will be admitted to probate.
2. [Executor’s Name] be appointed as personal representative of the decedent’s estate and that Letters Testamentary be issued.
Dated: [Date]
[Signature of Petitioner]
[Printed Name of Petitioner]
[Address, Phone Number, Email]
Sample Petition Five
[Court Name and Address]
In the Matter of the Estate of [Deceased’s Name], Deceased.
Case No.: [Case Number]
Petition for Probate of Will and Letters of Administration with Will Annexed
Petitioner, [Your Name], alleges:
1. [Deceased’s Name], the decedent, died on [Date of Death], a resident of [County, State]. A copy of the death certificate is attached as Exhibit A.
2. The decedent left a will dated [Date of Will], a copy of which is attached as Exhibit B. The will was validly executed and is the decedent’s last will.
3. No executor is named in the will, or the named executor is unable or unwilling to act as such. Petitioner is a person entitled to Letters of Administration with Will Annexed as a [Relationship to Decedent] of the decedent.
4. The names, relationships, ages, and addresses of the decedent’s heirs and devisees are:
[List heirs and devisees]
5. The estimated value of the estate’s assets is: [Estimated Value].
WHEREFORE, Petitioner prays that:
1. The will be admitted to probate.
2. Letters of Administration with Will Annexed be issued to Petitioner.
3. Such other relief as the Court deems just and proper.
Dated: [Date]
[Signature of Petitioner]
[Printed Name of Petitioner]
[Address, Phone Number, Email]
Sample Petition Six
[Court Name and Address]
In the Matter of the Estate of [Deceased’s Name], Deceased.
Case No.: [Case Number]
Petition for Probate of Lost Will and Appointment of Executor
Petitioner, [Your Name], respectfully represents:
1. [Deceased’s Name], the decedent, died on [Date of Death], a resident of [County, State]. A copy of the death certificate is attached hereto as Exhibit A.
2. The original will, dated [Date of Will], was in existence at the time of the decedent’s death but cannot be found. A copy of the will is attached hereto as Exhibit B.
3. The will was validly executed and is the decedent’s last will. The will was not revoked by the decedent.
4. Petitioner is named in the will as the executor and is willing and able to serve in that capacity.
5. The decedent’s heirs at law are: [List heirs’ names, relationships, ages, and addresses].
6. The estimated value of the estate’s assets is: [Estimated Value].
WHEREFORE, Petitioner prays that:
1. The lost will be admitted to probate.
2. Letters Testamentary be issued to Petitioner.
3. Such other relief as the Court deems just and proper.
Dated: [Date]
[Signature of Petitioner]
[Printed Name of Petitioner]
[Address, Phone Number, Email]
Sample Petition Seven
[Court Name and Address]
In the Matter of the Estate of [Deceased’s Name], Deceased.
Case No.: [Case Number]
Petition for Probate of Will and Appointment of Co-Executors
Petitioners, [First Petitioner’s Name] and [Second Petitioner’s Name], state:
1. [Deceased’s Name], the decedent, died on [Date of Death], a resident of [County, State]. A certified copy of the death certificate is attached as Exhibit A.
2. The decedent left a will dated [Date of Will], a copy of which is attached as Exhibit B. The will was validly executed and is the decedent’s last will.
3. Petitioners are named in the will as co-executors and are willing and able to serve in that capacity.
4. The names, relationships, ages, and addresses of the decedent’s heirs and devisees are:
[List heirs and devisees]
5. The estimated value of the estate’s property is: [Estimated Value].
Petitioners request that:
1. The will be admitted to probate.
2. Letters Testamentary be issued to Petitioners as co-executors.
Dated: [Date]
[Signature of First Petitioner]
[Printed Name of First Petitioner]
[Address, Phone Number, Email]
[Signature of Second Petitioner]
[Printed Name of Second Petitioner]
[Address, Phone Number, Email]
Sample Petition Eight
[Court Name and Address]
In the Matter of the Estate of [Deceased’s Name], Deceased.
Case No.: [Case Number]
Petition for Probate of Will and Appointment of Successor Executor
Petitioner, [Your Name], respectfully shows to the Court that:
1. [Deceased’s Name], the decedent, died on [Date of Death], domiciled in [County, State]. A copy of the death certificate is attached as Exhibit A.
2. The decedent’s will, dated [Date of Will], was admitted to probate on [Date of Probate] and [Original Executor’s Name] was appointed as executor. A copy of the will is attached as Exhibit B.
3. [Original Executor’s Name] is unable or unwilling to continue serving as executor. The petitioner is named in the will as the successor executor and is willing and able to serve in that capacity.
4. The names, ages, relationships, and addresses of the decedent’s heirs and devisees are:
[List heirs and devisees]
5. The estimated value of the estate’s remaining assets is: [Estimated Value].
Petitioner prays that:
1. Petitioner be appointed as successor executor of the decedent’s estate and that Letters Testamentary be issued.
Dated: [Date]
[Signature of Petitioner]
[Printed Name of Petitioner]
[Address, Phone Number, Email]
Sample Petition Nine
[Court Name and Address]
In the Matter of the Estate of [Deceased’s Name], Deceased.
Case No.: [Case Number]
Petition for Probate of Will and Appointment of Special Administrator
Petitioner, [Your Name], states as follows:
1. [Deceased’s Name], the decedent, died on [Date of Death], domiciled in [County, State]. A certified copy of the death certificate is attached as Exhibit A.
2. The decedent left a will dated [Date of Will], a copy of which is attached as Exhibit B. The will is the decedent’s last will and was validly executed.
3. No action is pending for the appointment of a personal representative. There is a need for a special administrator to preserve and protect the estate’s assets pending the appointment of an executor.
4. Petitioner is a person entitled to appointment as special administrator as a [Relationship to Decedent] of the decedent.
5. The names, relationships, ages, and addresses of the decedent’s heirs and devisees are listed in Attachment 5.
6. The estimated value of the estate’s property is: [Estimated Value].
Petitioner requests that:
1. The will be admitted to probate.
2. Petitioner be appointed as special administrator of the decedent’s estate and that Letters of Special Administration be issued.
Dated: [Date]
[Signature of Petitioner]
[Printed Name of Petitioner]
[Address, Phone Number, Email]
Sample Petition Ten
[Court Name and Address]
In the Matter of the Estate of [Deceased’s Name], Deceased.
Case No.: [Case Number]
Petition for Probate of Will and Waiver of Bond
Petitioner, [Your Name], alleges:
1. [Deceased’s Name], the decedent, died on [Date of Death], a resident of [County, State]. A copy of the death certificate is attached as Exhibit A.
2. The decedent left a will dated [Date of Will], a copy of which is attached as Exhibit B. The will was validly executed and is the decedent’s last will.
3. Petitioner is named in the will as the executor and is willing to serve in that capacity.
4. The will waive the requirement of a bond for the executor. The petitioner requests that no bond be required.
5. The decedent’s heirs at law are: [List heirs’ names, relationships, ages, and addresses].
6. The estimated value of the estate’s assets is: [Estimated Value].
WHEREFORE, Petitioner prays that:
1. The will be admitted to probate.
2. Letters Testamentary be issued to Petitioner without requiring a bond.
3. Such other relief as the Court deems just and proper.
Dated: [Date]
[Signature of Petitioner]
[Printed Name of Petitioner]
[Address, Phone Number, Email]
Sample Petition Eleven
[Court Name and Address]
In the Matter of the Estate of [Deceased’s Name], Deceased.
Case No.: [Case Number]
Petition for Probate of Will and Independent Administration
Petitioner, [Your Name], respectfully represents:
1. [Deceased’s Name], the decedent, died on [Date of Death], a resident of [County, State]. A copy of the death certificate is attached hereto as Exhibit A.
2. The decedent left a will dated [Date of Will], a copy of which is attached hereto as Exhibit B. The will was validly executed and is the decedent’s last will.
3. The will provides for independent administration of the estate. The petitioner requests that the administration be independent and that no other action shall be had in this Court concerning the settlement of the estate other than the return of an inventory, appraisement, and list of claims.
4. Petitioner is named in the will as the independent executor and is willing and able to serve in that capacity.
5. The decedent’s heirs at law are: [List heirs’ names, relationships, ages, and addresses].
6. The estimated value of the estate’s assets is: [Estimated Value].
WHEREFORE, Petitioner prays that:
1. The will be admitted to probate.
2. The administration of the estate be independent.
3. Letters Testamentary be issued to Petitioner.
4. Such other relief as the Court deems just and proper.
Dated: [Date]
[Signature of Petitioner]
[Printed Name of Petitioner]
[Address, Phone Number, Email]
Sample Petition Twelve
[Court Name and Address]
In the Matter of the Estate of [Deceased’s Name], Deceased.
Case No.: [Case Number]
Petition for Probate of Will and Grant of Letters of Administration
Petitioner, [Your Name], states:
1. [Deceased’s Name], the decedent, died on [Date of Death], a resident of [County, State]. A certified copy of the death certificate is attached as Exhibit A.
2. The decedent left a will dated [Date of Will], a copy of which is attached as Exhibit B. The will was validly executed and is the decedent’s last will.
3. No executor is named in the will, or the named executor is unable or unwilling to act as such. Petitioner is a person entitled to Letters of Administration as a [Relationship to Decedent] of the decedent.
4. The names, relationships, ages, and addresses of the decedent’s heirs and devisees are:
[List heirs and devisees]
5. The estimated value of the estate’s property is: [Estimated Value].
Petitioner requests that:
1. The will be admitted to probate.
2. Letters of Administration be granted to Petitioner.
Dated: [Date]
[Signature of Petitioner]
[Printed Name of Petitioner]
[Address, Phone Number, Email]
Sample Petition Thirteen
[Court Name and Address]
In the Matter of the Estate of [Deceased’s Name], Deceased.
Case No.: [Case Number]
Petition for Probate of Will and for Determination of Heirs
Petitioner, [Your Name], respectfully shows to the Court that:
1. [Deceased’s Name], the decedent, died on [Date of Death], domiciled in [County, State]. A copy of the death certificate is attached as Exhibit A.
2. The decedent left a will dated [Date of Will], a copy of which is attached as Exhibit B. The will is the decedent’s last will and was validly executed.
3. Petitioner is named in the will as the executor and is willing and able to serve in that capacity.
4. The names, ages, relationships, and addresses of the decedent’s heirs and devisees are unknown to Petitioner. Petitioner requests that the Court determine the heirs of the decedent.
5. The estimated value of the estate’s assets is: [Estimated Value].
Petitioner prays that:
1. The will be admitted to probate.
2. The Court determines the heirs of the decedent.
3. Letters Testamentary be issued to Petitioner.
Dated: [Date]
[Signature of Petitioner]
[Printed Name of Petitioner]
[Address, Phone Number, Email]
Sample Petition Fourteen
[Court Name and Address]
In the Matter of the Estate of [Deceased’s Name], Deceased.
Case No.: [Case Number]
Petition for Probate of Will and Appointment of Guardian Ad Litem
Petitioner, [Your Name], states as follows:
1. [Deceased’s Name], the decedent, died on [Date of Death], domiciled in [County, State]. A certified copy of the death certificate is attached as Exhibit A.
2. The decedent left a will dated [Date of Will], a copy of which is attached as Exhibit B. The will is the decedent’s last will and was validly executed.
3. One or more of the decedent’s heirs or devisees is a minor or an incapacitated person. A guardian ad litem should be appointed to represent their interests in this proceeding.
4. Petitioner is named in the will as the executor and is willing and able to serve in that capacity.
5. The names, relationships, ages, and addresses of the decedent’s heirs and devisees are listed in Attachment 5.
6. The estimated value of the estate’s property is: [Estimated Value].
Petitioner requests that:
1. The will be admitted to probate.
2. A guardian ad litem be appointed to represent the interests of the minor or incapacitated heir(s) or devisee(s).
3. Letters Testamentary be issued to Petitioner.
Dated: [Date]
[Signature of Petitioner]
[Printed Name of Petitioner]
[Address, Phone Number, Email]
Sample Petition Fifteen
[Court Name and Address]
In the Matter of the Estate of [Deceased’s Name], Deceased.
Case No.: [Case Number]
Petition for Probate of Will and Appointment of Executor and Trustee
Petitioner, [Your Name], alleges:
1. [Deceased’s Name], the decedent, died on [Date of Death], a resident of [County, State]. A copy of the death certificate is attached as Exhibit A.
2. The decedent left a will dated [Date of Will], a copy of which is attached as Exhibit B. The will was validly executed and is the decedent’s last will.
3. The will create a testamentary trust and name Petitioner as both executor and trustee. Petitioner is willing and able to serve in both capacities.
4. The decedent’s heirs at law are: [List heirs’ names, relationships, ages, and addresses].
5. The estimated value of the estate’s assets is: [Estimated Value].
WHEREFORE, Petitioner prays that:
1. The will be admitted to probate.
2. Letters Testamentary be issued to Petitioner as executor.
3. Petitioner be appointed as trustee of the testamentary trust. 4. Such other relief as the Court deems just and proper.
Dated: [Date]
[Signature of Petitioner]
[Printed Name of Petitioner]
[Address, Phone Number, Email]
Conclusion
By familiarizing yourself with these sample petitions, you can better understand the process of initiating probate and the information required by the court.
However, it is essential to consult with a qualified attorney to ensure that your petition is properly prepared and filed following your state’s specific laws and requirements.
With the right guidance and a well-drafted petition, you can begin the process of settling your loved one’s estate and carrying out their final wishes.