How to File in Probate Court
If you need to file a case with in a probate court, you will need to become familiar with the procedures. The procedures in a probate court are a little different from those in a general civil court. Filing in a probate court requires a petition, as this is the official document that starts a probate case.
- Obtain a form for a petition from the court clerk to file a probate. In most jurisdictions in the United States all courts including probates are part of a common system that generally has one clerk's office. In certain locations however, there is a specialized probate court clerk's office because they do not have this type of unified system.
- Complete the petition form from the court clerk. This form is easy to complete but if you need assistance the court clerk can provide probate court guidelines to help you complete the form.
- Get probate petition verification. The Uniform Probate Code and other similar laws require that in order to file in a probate court a petition must be verified.
- Get your probate petition notarized. It must be executed in front of a notary public, and also include the verification. The law requires that a probate petition be notarized.
- Find out the fee amount that you will be charged to file for probate by contacting the county clerk's office. Depending upon the probate court you are filing at, the fee does vary.
- Keep a copy of the petition for probate for yourself and go to the court clerk's office and give them the original copy and the filing fee. Provide the clerk’s office with an additional copy for them to stamp that is was filed and keep for your records. This is a time stamp that indicates when you filed for probate.