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Probate Checklist: Documents Needed for Probate

Estate Planning Attorney and Client Resource

Open and administer a probate estate with a document checklist. Collect the original will and codicils, death certificate, petitioner information, heir and beneficiary names and addresses, asset inventory leads (real estate, accounts, vehicles), known debts, and any existing trust or nonprobate designations so counsel can prepare the petition, notices, inventory, and accountings. For executors, family members, and estate attorneys. This is not legal advice; probate procedures, small-estate shortcuts, and bond rules vary by state and county—confirm current local rules before you file.

Probate Checklist: Documents Needed for Probate form template preview

Key Benefits

Locate the original will and certified death certificates
Build the heir and beneficiary notice list
Inventory probate versus nonprobate assets
Collect deeds, account statements, and vehicle titles
List known creditors and last-illness bills
Give counsel a filing-ready document stack

Common Use Cases

Executors meeting counsel for the first timeFamily members gathering papers after a deathAttorneys opening an informal or formal probateParalegals preparing inventory and appraisal exhibitsSmall-estate affidavit cases that still need a document setAncillary probate for out-of-state real estate

Frequently Asked Questions

What if we cannot find the original will?
Bring every copy you have and notes on where the original was last kept (counsel, safe-deposit box, home). Many courts require the original or a specific lost-will procedure. Do not write on the will or detach staples.
Which assets actually go through probate?
Typically assets titled in the decedent's name alone without a beneficiary or TOD designation. Joint tenancy, POD/TOD accounts, life insurance, and trust-titled assets often pass outside probate. The checklist still asks for them so counsel can see the whole estate.
How many death certificates do we need?
Enough certified copies for the court, each financial institution, and real-estate transfers. Institutions rarely accept photocopies. Order extras from vital records rather than rationing one copy.
Is this checklist legal advice?
No. Bond, notice, inventory deadlines, and small-estate limits are local. Work with an attorney admitted in the decedent's state (and any state where real estate sits).

Checklist

Will

Original will, codicils, and any self-proving affidavits
Required

Do not unstaple. Note the drafting attorney if known. Include a copy if the original is in a sealed box.

Identity

Certified death certificates (several originals)
Required

Order from the vital-records office. Banks and title companies each want their own.

Parties

Proposed personal representative's identification and contact information
Required

Include any priority under the will or statute and a list of persons with equal or higher priority.

Names, addresses, and relationships of heirs and will beneficiaries
Required

Needed for formal notice. Include minors and unknown heirs if that is the fact.

Assets

Deeds, tax bills, and mortgage statements for real property
Required

Note whether title is joint, TOD, or in a trust. Out-of-state property may need ancillary probate.

Bank, brokerage, and retirement statements plus vehicle titles
Required

Mark which accounts have POD/TOD or named beneficiaries so they can be treated correctly.

Debts

Known debts, last-illness bills, funeral invoices, and prior-year tax returns
Required

Keep envelopes from creditors. Do not pay debts until counsel advises on priority.

Nonprobate

Life insurance, trust instruments, and beneficiary confirmation statements

Collected so the family sees what is outside the estate and what still needs claims or tax work.