Probate

Probate Process Guide

Probate Process: certified death certificates and the original will, if one exists

By Trust and probate editor Published August 13, 2026 How we edit

General probate information. Court orders, local rules, and the facts in the estate file control.

Probate establishes authority for estate administration and provides a process for notices, claims, accounting, and distribution.

Where this issue sits in administration

  • Venue usually follows domicile, but real estate in another jurisdiction can create an additional filing or transfer step.

Documents for the court and fiduciary file

  • certified death certificates and the original will, if one exists
  • a preliminary asset, debt, and contact inventory

Decision points before money moves

  • Which court or local office has venue?
  • Is formal administration required for each asset?

Risks to pause on

  • Moving or distributing property before authority and claims are checked can expose the person acting to personal risk.

Court and probate references