What documents do I need to start probate?

To start probate, you typically need a handful of core documents, though the exact requirements vary by state and court. The essentials to open a probate case are: the original will, if there is one (many courts require the original document, not a copy, and some states require the will to be filed with the court within a set period after death); a certified copy of the death certificate, which you obtain from the state or county vital records office (order several certified copies, since many institutions require an original certified copy); and a petition or application to open probate and appoint the personal representative, which is the court form that formally requests that the court open the estate and appoint you (or another person) as executor or administrator. Depending on your state and situation, you may also need: a list of the decedent's heirs and beneficiaries with their names and addresses (for providing required notice); information about the estate's assets and their approximate values; the decedent's identifying information (Social Security number, date of death, county of residence); and any required filing fee. Some courts also require a bond (unless waived) and may have additional local forms. Once you file the petition and the court reviews it (sometimes after a hearing), the court issues letters testamentary (if there's a will) or letters of administration (if there's no will) — the document that officially authorizes you to act on behalf of the estate. This letters document is then what you use to access accounts, deal with assets, and conduct estate business. Because the specific forms and requirements differ by state and county, check your local probate court's requirements or your state guide, and gather the original will and certified death certificates first, since those are needed everywhere. Our interactive document tracker above walks through what you'll need at each stage.

What are letters testamentary and how do I get them?

Letters testamentary are the official court document that authorizes a named executor to act on behalf of an estate; they are, in effect, the executor's badge of authority, proving to banks, financial institutions, and other parties that the person has the legal power to manage and settle the deceased's estate. (When there is no will and the court appoints an administrator, the equivalent document is called letters of administration; both serve the same authorizing function.) To get letters testamentary, you go through the process of opening probate: you file a petition or application with the probate court to open the estate and be appointed as executor, submitting the original will and a certified copy of the death certificate along with the required forms and fee. The court reviews the petition and, if everything is in order (and after any required hearing), formally appoints you as executor and issues the letters testamentary. The timeframe to obtain letters varies by state and court — it can take anywhere from a couple of weeks to a couple of months depending on the court's process, whether a hearing is required, and how busy the court is. Once issued, you typically request several certified copies of the letters (the court usually charges a small fee per copy), because many institutions require an original certified copy that is often recent (some banks want letters dated within the last 60 or 90 days). You'll present these letters when you open the estate bank account, access the decedent's financial accounts, deal with real estate, and conduct other estate business. The letters are one of the most important documents in the entire probate process, since without them you generally lack the authority to act for the estate. If you need letters, the key steps are: locate the original will, obtain certified death certificates, file the petition to open probate with the appropriate court, and complete the appointment process. An attorney can help ensure the petition is done correctly to avoid delays in getting your letters.

How many death certificates do I need for probate?

For probate and settling an estate, it's generally wise to order multiple certified copies of the death certificate — often somewhere between five and ten, though the right number depends on the complexity of the estate and how many institutions you'll need to deal with. You need certified copies (not photocopies) because many institutions require an original certified copy with the raised seal or official certification to process estate matters. Each of the following may require its own certified copy: the probate court (to open the estate); each bank or financial institution where the decedent had accounts; each life insurance company (for claims); investment and retirement account custodians; the Social Security Administration and any pension providers; the department of motor vehicles (for vehicle title transfers); the county recorder (for real estate transfers); the IRS or state tax authorities in some cases; and various other entities like utility companies or creditors. Because each institution may keep the copy you provide, and you often deal with many institutions, ordering several copies upfront saves time compared to requesting more later. For a simple estate with few accounts, five certified copies may suffice; for a more complex estate with multiple properties, accounts, insurance policies, and institutions, ten or more may be needed. You order certified death certificates from the vital records office in the state or county where the death occurred, or sometimes through the funeral home, which often helps obtain them. There is usually a fee per copy. If you run out, you can order more, but getting an adequate number initially is more efficient. Keep at least one certified copy in a safe place for your records. Since certified copies are frequently required throughout the estate settlement process, having enough on hand is one of the practical first steps in handling an estate.

What is an estate inventory and is it required?

An estate inventory is a detailed list of all the assets in the deceased person's estate, along with their values as of the date of death; it is a core probate document that the personal representative typically must prepare, and in most probate cases it is required to be filed with the court (or at least prepared and available), though the specific requirements vary by state. The inventory serves several important purposes: it documents what the estate contains, establishes the value of assets (which matters for distribution, taxes, and creditor claims), provides transparency and accountability to the court and beneficiaries, and creates a baseline for the final accounting. A complete inventory generally includes: real estate (with addresses and appraised or estimated values); bank and financial accounts (checking, savings, CDs); investment accounts and securities; retirement accounts (though many pass outside probate by beneficiary designation); vehicles, boats, and other titled property; valuable personal property (jewelry, art, collectibles, furniture); business interests; life insurance payable to the estate; money owed to the decedent; and any other assets of value. For each asset, the inventory lists a description and the date-of-death value, which may require appraisals for items like real estate, valuable personal property, or business interests. In most states, the personal representative must file the inventory with the court within a set period after appointment (often a few months), and must provide it to interested parties like beneficiaries. Some states have specific inventory forms; others allow a formatted list. The inventory is important because it forms the foundation for the rest of the administration — determining what needs to be managed, what taxes may apply, whether the estate qualifies as a small estate, and ultimately what will be distributed. Even where not strictly required to be filed, preparing a thorough inventory is a best practice and often necessary for the final accounting. Our free estate inventory template helps you organize this by category.

Do I need to keep receipts and records during probate?

Yes — keeping thorough records and receipts during probate is essential, and it is one of the most important practical habits for an executor or administrator, because you will need this documentation for the final accounting, to demonstrate that you handled the estate properly, and to protect yourself from liability or disputes. As the personal representative, you have a fiduciary duty to manage the estate responsibly and to account for everything you do, which means you should keep detailed records of all financial activity, including: every payment made from the estate (debts, expenses, taxes, distributions) with receipts or documentation; all income received by the estate (such as interest, dividends, rent, or refunds); every transaction in the estate bank account; appraisals and valuations of assets; expenses you incur on behalf of the estate (which may be reimbursable); and any decisions or actions of significance. This documentation serves multiple purposes: it enables you to prepare an accurate final accounting, which most courts require and which shows the court and beneficiaries exactly what came into the estate, what went out, and what remains; it protects you if a beneficiary or creditor questions your handling of the estate, since you can demonstrate that funds were used properly; it helps with tax preparation for the estate's returns; and it ensures nothing is overlooked. Best practices include keeping all estate funds in a dedicated estate bank account (never commingling with personal funds), saving every receipt and statement, maintaining a ledger or spreadsheet of all transactions, and organizing documents by category. Good record-keeping from the start makes the final accounting and estate closing much smoother and reduces the risk of problems. If you're serving as an executor, treating record-keeping as a priority from day one — rather than trying to reconstruct it later — will save significant time and stress, and it is a key part of fulfilling your fiduciary responsibilities. Poor records are a common source of executor difficulty, so err on the side of documenting everything.

Probate Documents Checklist: Every Form You Need

Interactive Document Tracker

Check off documents as you gather or file them. The tracker groups everything by probate phase so you always know what's next. (Your progress lives in this browser tab only — nothing is saved or sent anywhere.)

📋 Probate Documents Tracker

Check items off as you go. Illustrative — your court's exact list may vary.

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This checklist is a general, illustrative guide for planning. Required documents and forms vary by state and county. Confirm your specific requirements with your state guide, your county probate court, or an attorney. Not legal advice.

The Documents Explained

Here's what each key document is, why it matters, and where to get it — in roughly the order you'll need them.

Certified Death Certificate Get first

The document that starts everything. Nearly every institution — courts, banks, insurers, the DMV, the county recorder — requires an original certified copy (with the raised seal), not a photocopy.

Where: The vital records office in the state/county where the death occurred (the CDC's Where to Write for Vital Records directory lists each state's office), or often through the funeral home. Order 5–10 certified copies upfront; institutions usually keep the copy you give them.

The Original Will Get first

If one exists, most courts require the original, not a copy. Many states require the will to be filed (lodged) with the court within a set period after death, even if formal probate isn't opened.

Where: A safe, safe-deposit box, the attorney who drafted it, or with the court if previously deposited. If only a copy exists, that can complicate probate — see our guide on will validity.

Petition / Application to Open Probate Opens the case

The court form that formally asks the court to open the estate and appoint the personal representative. Filed with the original will, a certified death certificate, a list of heirs, and the filing fee.

Where: Free from your county probate court or state court website. Requirements vary by county — confirm the local version.

Letters Testamentary / Letters of Administration Your authority

The court-issued document proving you have legal authority to act for the estate — your "badge." "Testamentary" when there's a will; "of administration" when there isn't. You'll show it constantly.

Where: Issued by the court after you're appointed. Request several certified copies — many banks want letters dated within the last 60–90 days.

EIN (Estate Tax ID) For the account

The estate's federal tax identification number — needed to open the estate bank account and file estate income tax returns. The estate is a separate taxpayer from the decedent.

Where: Free from the IRS via Form SS-4 (fastest online). Walkthrough in our EIN for an estate guide. You'll need this before opening the estate bank account.

Notice to Creditors Debts phase

The formal notice — often published in a newspaper and mailed to known creditors — that starts the creditor claim period. Publishing is what triggers the shorter claim window in most states.

Where: Court form plus a court-approved newspaper for publication. See handling creditor claims.

Inventory & Appraisement Assets phase

A detailed list of all estate assets with date-of-death values. Usually must be filed with the court within a set period and given to beneficiaries. Real estate and valuables may need appraisals.

Where: Court form or formatted list. Organize it with our free estate inventory template.

Receipts, Statements & Records Ongoing

Every payment, every deposit, every transaction in the estate account. You have a fiduciary duty to account for it all — and good records protect you if anyone questions your handling.

Where: You create and keep these. Maintain a ledger from day one; reconstructing later is painful.

Tax Forms (Final 1040, 1041, sometimes 706) Taxes phase

The decedent's final personal income tax return (1040), the estate's income tax return (1041) if it earns income during administration, and a federal estate tax return (706) only for very large estates.

Where: IRS Form 1041, the IRS guidance on a deceased person's final return, plus any state returns. A tax professional is worth it here.

Final Accounting & Petition for Distribution Closes the estate

The document showing everything that came in, went out, and remains — plus the request for court permission to distribute and close. This is where all those receipts pay off.

Where: Court form. Full walkthrough in our final accounting guide.

Document Habits That Save Executors

Most executor headaches trace back to missing paperwork. A few habits prevent almost all of them.

Order extra death certificates. Running out mid-process means waiting on re-orders while everything pauses. Five to ten certified copies upfront is cheap insurance.

Never pay for "official" forms. Genuine probate forms are free from the court. Sites charging fees for them are selling you something you can get for nothing — see USA.gov's estate-settling overview and your state guide for official sources.

Keep estate money separate. Open a dedicated estate bank account and route everything through it. Commingling with personal funds is one of the fastest ways to create accounting problems and personal liability.

Frequently Asked Questions

To start probate, you typically need a handful of core documents, though exact requirements vary by state and court. The essentials are: the original will, if there is one (many courts require the original, not a copy, and some states require it filed within a set period after death); a certified copy of the death certificate from the state or county vital records office (order several, since many institutions require an original certified copy); and a petition or application to open probate and appoint the personal representative — the court form that formally requests the court open the estate and appoint you (or another person) as executor or administrator. Depending on your state, you may also need: a list of heirs and beneficiaries with addresses (for required notice); information about the estate's assets and approximate values; the decedent's identifying information (Social Security number, date of death, county of residence); and the filing fee. Some courts require a bond unless waived, plus local forms. Once you file and the court reviews (sometimes after a hearing), it issues letters testamentary (with a will) or letters of administration (no will) — the document that officially authorizes you to act. Because forms and requirements differ by state and county, check your local court or state guide, and gather the original will and certified death certificates first, since those are needed everywhere. The tracker above walks through what you'll need at each stage.

Letters testamentary are the official court document authorizing a named executor to act for an estate — in effect the executor's badge of authority, proving to banks and other parties that you have legal power to manage and settle the estate. (With no will, the court appoints an administrator and the equivalent document is letters of administration; both serve the same function.) To get them, you go through opening probate: file a petition or application with the probate court to open the estate and be appointed executor, submitting the original will and a certified death certificate plus required forms and fee. The court reviews and, if everything is in order (and after any hearing), appoints you and issues the letters. Timeframe varies — a couple of weeks to a couple of months depending on the court, whether a hearing is required, and how busy it is. Once issued, request several certified copies (small fee each), because many institutions require an original certified copy that's recent (some banks want letters dated within 60 or 90 days). You'll present these when you open the estate bank account, access accounts, deal with real estate, and conduct estate business. They're among the most important documents in probate, since without them you generally lack authority to act. The key steps: locate the original will, obtain certified death certificates, file the petition, and complete the appointment. An attorney can help ensure the petition is done correctly to avoid delays.

It's generally wise to order multiple certified copies — often five to ten — though the right number depends on the estate's complexity and how many institutions you'll deal with. You need certified copies (not photocopies) because many institutions require an original with the raised seal or official certification. Each of these may require its own: the probate court; each bank or financial institution; each life insurance company; investment and retirement custodians; the Social Security Administration and pension providers; the DMV (vehicle titles); the county recorder (real estate); the IRS or state tax authorities in some cases; and other entities like utilities or creditors. Because each institution may keep the copy you provide, and you often deal with many, ordering several upfront saves time. For a simple estate, five may suffice; for a complex one with multiple properties, accounts, policies, and institutions, ten or more. Order from the vital records office where the death occurred, or through the funeral home, which often helps. There's usually a fee per copy. If you run out you can order more, but getting enough initially is more efficient. Keep at least one certified copy for your own records.

Official probate forms come from the probate court or judicial system in the state and county where the estate is administered, and they're generally free — you should never have to pay a third party for the official forms themselves, though you may pay for legal help completing them. Primary sources: your state's court system website, many of which have a forms section or self-help center (some states have standardized statewide forms; others leave forms to individual counties); the specific county probate court where the estate is filed, which may have its own local forms and procedures (checking the local court matters because requirements vary by county); and court self-help centers or clerk's offices, which can provide the forms and basic guidance on what to file (though clerks can't give legal advice). Many states also have self-help legal websites, legal aid organizations, or court-sponsored resources with forms and instructions. Get forms from the official court source for your specific jurisdiction — using the wrong state's forms or outdated versions can cause problems. Common forms include the petition to open probate, the order appointing the representative, letters testamentary or of administration, notice to creditors, inventory and appraisal, and the final accounting and petition for distribution. Our state guides link to official court resources for each state. Be cautious of sites that charge fees for what are actually free official forms.

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Not sure which forms your court actually requires?

Document requirements vary by state and even by county, and a missing or incorrect form is one of the most common causes of probate delays. A probate attorney knows exactly what your court needs, can prepare the petition correctly the first time, and helps you avoid the back-and-forth that stretches an estate out for months.

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