Probate Petition Drafting

A Petition for Probate That Opens the Estate on the First Filing

Prepared by a licensed U.S. attorney

A probate petition is the paper that starts a probate case. It asks the court to admit the will (if there is one), to appoint a personal representative, and to issue the letters that give that person power to act for the estate. The statute dictates what the petition must state: the date and place of death, the county of residence, every heir and beneficiary, the estate's property and value, and who should serve. We draft the petition, its attachments, the notices, the proposed order, and the oath and bond papers to your state's code. You, or your counsel, review, sign, and file.

The short answer

Any interested person may file. In California, file the petition (form DE-111) in the county of domicile, and the hearing is generally set 15 to 30 days after filing (Probate Code Section 8003). In Texas, file the application within four years of death (Estates Code Section 256.003). In Florida, the personal representative needs a Florida attorney unless they are the sole interested person (Probate Rule 5.030).

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Updated 2026-10-21California, Texas, and Florida statutes checked against the official codes

Prob. 8002 · Est. 256.052 · 733.202

Petition, notice, order, oath, bond, inventory

What It Asks For

What a Petition for Probate Asks the Court to Do, and Which One You Need

A petition for probate asks for two things, separately or together: an order admitting the will, and the appointment of a personal representative. California says it in one sentence: any interested person may petition for an order determining the date and place of death and for appointment of a personal representative, probate of the will, or both (Probate Code Section 8000(a)). Texas lets the application for probate be combined with the application for letters (Estates Code Section 256.051(b)), and Florida calls the same filing a petition for administration (Section 733.202).

The right petition depends on three facts: is there a will, is the named executor able and willing to serve, and does the estate need a full administration at all. A petition can also be filed for a will that is lost, destroyed, or held by someone else (Section 8000(b); Texas Section 256.051(a)), with the extra statements Texas Section 256.054 requires.

Probate of will and letters testamentary

There is a will and the named executor is able and willing to serve.

Cal. Prob. Code 8000, 8002(b)(3); Tex. Est. Code 256.051, 256.052; Fla. Stat. 733.202

Probate of will and letters of administration with will annexed

There is a will, but the named executor has died, declined, or cannot qualify.

Cal. Prob. Code 8002(b)(3); Tex. Est. Code 301.051; Fla. Stat. 733.301(1)(a)

Letters of administration (no will)

The decedent died without a will, so the statutory priority list decides who serves.

Cal. Prob. Code 8461; Tex. Est. Code 301.052; Fla. Stat. 733.301(1)(b)

Special or temporary administration

Something must be done now, before a general appointment: a lease, a business, property at risk.

Cal. Prob. Code 8540

Probate of a lost or unavailable will

The original cannot be found, or someone else holds it and will not produce it.

Cal. Prob. Code 8000(b); Tex. Est. Code 256.051(a), 256.054

Muniment of title or summary administration

A small or debt-free estate that needs a court order to transfer title, not a full administration.

Tex. Est. Code 257.001; Fla. Stat. 735.201

Filing Steps

How to File for Probate: From the Death Certificate to Letters

Learning how to file for probate is mostly learning the order of operations. The steps are nearly the same in every state; the clocks are not.

1
Find the original will and the right court. File in the county where the decedent was domiciled (Cal. Prob. Code 7051; Tex. Est. Code 33.001; Fla. Stat. 733.101). In California, whoever holds the original will must deliver it to the clerk within 30 days after learning of the death (8200).
2
Draft and file the petition. State every fact the statute lists (Cal. 8002; Tex. 256.052 or 301.052), attach the will, and request the authority you need, such as independent administration (Cal. 10450; Tex. 401.002).
3
Give notice and wait out the period. California: mail notice to heirs and named devisees and executors at least 15 days before the hearing (8110) and publish three times, the first at least 15 days out (8121). Texas: the clerk's citation is posted at least 10 days before the return day (258.001, 51.053), and the court cannot act before service (258.003).
4
Attend the hearing and get the order. The court determines the date and place of death and its jurisdiction, admits the will, and appoints the representative (Cal. 8006). Texas requires proof that the will was not revoked and, if not self-proved, that it was properly executed (256.152).
5
Qualify and receive letters. Take the oath (Cal. 8403; Tex. 305.051), file California's duties acknowledgment (8404), and post bond unless waived. In Texas the oath must be taken before the 21st day after the order (305.003). Letters are what banks and title companies ask for.
6
Administer and close. Notify creditors and beneficiaries, file the inventory, pay valid claims, and petition for distribution and discharge.

Do not act for the estate before letters issue

In California, a person has no power to administer the estate until appointed and issued letters; a named executor may only pay funeral expenses and take necessary measures to preserve the estate in the meantime (Probate Code Section 8400). The letters step, including what to do when a bank will not accept them, is covered on our letters testamentary page.

Annotated Sample

Inside a Probate Petition: What Each Paragraph Must Say, and Why

California's petition is the mandatory Judicial Council form DE-111, but the form is only as good as the facts typed into it and the attachments behind it. Below is sample allegation language for a California estate (fictional names), with the statute that requires each line. Texas applications are drafted as pleadings and must state each item in Estates Code Section 256.052, or explain why it is missing (Section 256.052(b)).

Sample: Petition for Probate of Will and for Letters Testamentary

1.Decedent JANE A. DOE died on March 3, 2026, at Mercy General Hospital, Sacramento, California, and was at death a resident of the City of Folsom, County of Sacramento, at 123 Oak Lane.

Why it is thereDate and place of death, street address, city, and county of residence. Required by Cal. Prob. Code 8002(a)(1) and (2); the county of domicile is the proper venue under Section 7051. Texas asks the same and adds facts showing venue (Est. Code 256.052(a)(3) and (4)).

2.Decedent left a will dated June 14, 2019, a photographic copy of which is attached as Attachment 3e. The will waives bond. The named executor, JOHN B. DOE, consents to act.

Why it is thereCopy of the will attached, plus a typed copy if any material part is handwritten (Section 8002(b)(1)). The petition must state whether the named executor consents or waives (8002(b)(3)). A will that waives bond lets letters issue without one (8481(a)(1)).

3.The heirs and devisees of decedent, so far as known to or reasonably ascertainable by petitioner, are listed in Attachment 8 with each person's name, age, address, and relationship to decedent.

Why it is thereEvery heir and devisee, by name, age, address, and relation (8002(a)(3)). This list drives who must be served with notice at least 15 days before the hearing (8110). A missing name invites a later attack on the order.

4.The character and estimated value of the property of the estate is: personal property, $____; annual gross income from real and personal property, $____; real property, $____.

Why it is thereCharacter and estimated value of the estate (8002(a)(4)). These numbers also set the ceiling on any bond the court can fix (8482). Texas asks for a general description and probable value (256.052(a)(5)).

5.Petitioner requests full authority to administer the estate under the Independent Administration of Estates Act. Decedent's will does not preclude independent administration.

Why it is thereIndependent administration authority is requested in the petition or separately (Cal. Prob. Code 10450). In Texas, the will or all distributees can call for independent administration (Est. Code 401.001, 401.002).

Sample language for illustration only. The filed petition uses the current DE-111 (Rev. July 1, 2017) or your state's required format, with your facts and any local court rules.

What We Draft

Probate Forms and Papers We Draft, From the Petition to Final Discharge

The petition is the first of many probate forms. Each stage of the estate has its own papers and its own deadline, and a missed one can cost the representative their appointment or expose them to personal liability. We draft one stage or all of them, to the code of the state where the estate is open.

01 · Open the estate

Petition for Probate, Application to Probate Will, or Petition for Administration

The opening pleading. In California we prepare the DE-111 content and every attachment it calls for (heirs list, will copy and typed copy, bond waivers, consents). In Texas we draft the application with each fact Section 256.052 lists, and the added statements Section 256.054 requires when the will cannot be produced. In Florida we draft the petition for administration for counsel of record.

02 · Give notice

Notice of Petition, Citation Requests, Notice to Heirs, and Proof of Service

California's Notice of Petition to Administer Estate (DE-121), mailed at least 15 days before the hearing and published three times (Prob. Code 8110, 8121). In Texas, the clerk's citation is posted (Est. Code 258.001, 51.053), and a will offered after four years needs notice to heirs (258.051). We also draft heir waivers and consents.

03 · Get the order

Proposed Order for Probate and Order Admitting Will

The order the judge signs: California's Order for Probate (DE-140), which must carry the warning that the appointment is not effective until letters issue (Section 8400(c)), or the Texas order admitting the will and granting letters, prepared with the proof of the will Section 256.152 calls for.

04 · Qualify

Oath, Duties Acknowledgment, Bond Papers, and Letters

The oath (Cal. Prob. Code 8403; Tex. Est. Code 305.051), California's Duties and Liabilities acknowledgment (DE-147, Section 8404), bond requests or waivers (Cal. 8480 to 8482; Tex. 305.101; Fla. 733.402), and the letters form for the clerk. Letters themselves are covered at our letters testamentary page.

05 · Administer

Notice to Creditors, Notice to Beneficiaries, and Inventory

California notice of administration to creditors (Section 9050) and the Inventory and Appraisal (DE-160) within four months of letters (8800). Texas notice to beneficiaries within 60 days (308.002), the affidavit of notice within 90 days (308.004), published creditor notice within a month of letters (308.051), and the inventory or affidavit in lieu (309.051, 309.056). Florida notice of administration and notice to creditors (733.212, 733.2121) and the verified inventory (733.604).

06 · Close

Petition for Final Distribution, Accounting, and Discharge

The petition for final distribution (Cal. Prob. Code 11600, 11640) with the accounting and proposed order, filed or replaced by a status report within the Section 12200 deadline, and the Ex Parte Petition for Final Discharge (DE-295). In Florida, the papers that lead to the order of final discharge (733.901).

Send Us the Will and the Family ListNeed a different court filing? Custom court document drafting.

State Law Side by Side

The Probate Process in California, Texas, and Florida Compared

The probate process follows the same arc everywhere: petition, notice, order, letters, inventory, creditors, distribution, discharge. What changes from state to state is who may serve, how notice is given, whether bond is required, and the deadlines. The table is where our drafters start. An estate in another state is drafted to that state's probate code, confirmed before any work begins.

Step	California (Probate Code)	Texas (Estates Code)	Florida (Ch. 733)
Who may file	Any interested person (Prob. Code 8000)	Named executor, designated administrator, or any interested person (Est. Code 256.051, 301.051)	Any interested person (733.202)
Where to file	Superior court, county of domicile at death (7051)	County where the decedent resided, if domiciled in Texas (33.001)	Circuit court, county of domicile (733.101)
Outside time limit	No outside filing deadline in the sections cited here; a proponent who had notice of an earlier petition has the later of 120 days after that order or 60 days after learning of the will (8226(c))	Will cannot be admitted after 4 years unless the applicant was not in default; the letters application is due within 4 years (256.003, 301.002)	No outside filing deadline in the sections cited here
Notice before the hearing	Mailed 15 days before hearing to heirs and named devisees and executors (8110); published 3 times (8121)	Clerk issues citation, posted at least 10 days before the return day (258.001, 51.053); no action before service (258.003)	Notice of administration served after letters; objections to the will due 3 months after service (733.212)
Who serves	Named executor; otherwise spouse or domestic partner, children, and down the list (8461)	Named executor, or an administrator if there is none (301.051)	Will nominee; else majority-in-interest choice, then devisee or heir (733.301); nonresidents only if close family (733.304)
Bond	Required unless the will or all beneficiaries waive it (8480, 8481)	Required unless the will waives it and the court finds the executor qualified, or a corporate fiduciary serves (305.101)	Required unless waived by the will or the court (733.402)
Inventory	Within 4 months after letters (8800)	Before the 91st day after qualifying, or affidavit in lieu (309.051, 309.056)	Verified inventory required (733.604)
Lawyer required for the representative?	Not by statute; self-help site says the representative can hire one if they want	TexasLawHelp.org: almost all probate cases require a lawyer	Yes, unless sole interested person (Fla. Prob. R. 5.030(a))

Creditor windows

California: a creditor files within four months after letters first issue, or 60 days after notice is mailed to it, whichever is later (Probate Code Section 9100). Texas: published notice within one month after letters (Estates Code Section 308.051). Florida: notice to creditors published once a week for two consecutive weeks (Section 733.2121(2)).

When someone objects

A petition can turn into a contest. In California an objection to probate triggers a summons with 30 days to respond (Section 8250); in Florida, objections to the will are due three months after the notice of administration is served (Section 733.212). See will contest drafting and probate litigation papers.

Shorter Procedures

When a Full Probate Petition Is Not the Fastest Way

Before we draft a full petition, we check whether the estate fits a shorter path. Each one still needs papers, and each has a statutory test the facts must meet.

California small estate affidavit

Once 40 days have passed, a successor may collect personal property without letters if the estate is under the dollar limit in Probate Code Section 13100, which is adjusted periodically under Section 890.

Small estate affidavit

Texas muniment of title

The court admits the will as a muniment of title, with no executor, if the estate owes no unpaid debt other than debt secured by real estate, or administration is otherwise not necessary (Estates Code Section 257.001). The application must state much of what a full application states (Section 257.051).

Florida summary administration

Available when the will does not direct a full administration and the estate subject to administration, less exempt property, does not exceed $75,000, or the decedent has been dead more than two years (Section 735.201).

No will and no estate to administer, but a deed or account needs proof of who the heirs are? See the affidavit of heirship. Texas also lets heirs of an intestate estate collect without a representative in limited cases once 30 days have passed (Estates Code Section 205.001).

Lawyer or Drafting

What a Probate Attorney Does, Where One Is Required, and the Papers We Draft

A probate attorney represents the personal representative, or an heir or beneficiary, in the probate court. Most of that work is paper: the petition, notices, proposed orders, oath and bond filings, the inventory, creditor notices, claim responses, accountings, and the closing petition. The rest is judgment and presence: advising the representative on duties and liability, deciding strategy when a claim or contest arrives, signing as counsel of record, and appearing at hearings.

Whether you must have a probate lawyer depends on the state. Florida requires one: every personal representative must be represented by an attorney admitted in Florida unless the representative remains the sole interested person, or is a Florida lawyer (Florida Probate Rule 5.030(a)).

California does not require one by statute, and its court self-help site tells personal representatives they can hire a lawyer if they want. In Texas, the state's legal aid site TexasLawHelp.org says almost all probate cases require a lawyer, though a small estate affidavit usually does not.

Legal Tank is a drafting service, not a law firm. We prepare the papers; we do not represent anyone, give advice on strategy, sign as counsel, file, or appear. That makes us useful in two ways: a self-represented petitioner in a state that allows it gets filing-ready papers, and a probate attorney gets the petition, notices, and inventory drafted for their review and signature.

Papers (we draft)

Petition for probate, application, or petition for administration
Heir lists, will copies, consents, declinations, and bond waivers
Notice of petition, publication text, and proofs of service
Proposed order, oath, duties acknowledgment, and bond papers
Inventory, creditor and beneficiary notices, and affidavits of notice
Petition for final distribution, accounting, and discharge

Representation (you or your attorney)

Advice on duties, liability, and strategy
Signing as attorney of record where the state requires one
Filing, paying the court's fee, and serving notice
Appearing at the hearing and any contested proceeding

Probate attorneys who outsource drafting can also send us record review and deposition summaries for contested estates through litigation support services.

What to Gather

What to Gather Before We Draft the Probate Petition

You do not need everything to start. Send what you have and we will tell you what is missing. Upload everything through the secure matter portal, never as email attachments.

1A certified copy of the death certificate.
2The original will and every codicil, or, if the original is missing, any copy and the story of where it was last seen.
3The decedent's last home address and county, and any property in other counties or states.
4A list of every heir and every beneficiary named in any will: full name, age (or adult or minor), address, and relationship.
5Whether the named executor is willing to serve, and, if not, a signed declination.
6Signed bond waivers from beneficiaries or heirs, if they are willing to give them.
7A rough list of assets in the decedent's name alone: real property, accounts, vehicles, business interests, and approximate values.
8Accounts that pass by beneficiary designation or joint title, so we can leave them out of the probate estate.
9Known debts: mortgage, credit cards, medical bills, and any creditor who has already demanded payment.
10Any court papers already filed by someone else, with the case number.

How It Works

How We Draft Your Petition, and Who Signs and Files It

We serve executors and family members opening an estate, and probate attorneys who want the opening papers built for their review. Either way, the petitioner verifies the facts and signs.

You send the will, the death certificate, and the family

Upload the will, death certificate, and what you know about heirs and assets through the secure matter portal. We confirm the state, the county, and which petition fits.

We map the estate to the statute

We check the filing deadline, the priority to serve, bond options, and whether a shorter procedure (small estate affidavit, muniment of title, summary administration) fits better.

We return scope and a delivery date in one business day

A written scope lists each paper: petition, attachments, notice, proposed order, oath and bond papers, and anything the local court adds.

We draft, you review, we revise

Every fact the statute requires is stated or the reason it is missing is given, so the clerk and the probate examiner have nothing to send back.

You or your counsel sign and file

The papers are ready to verify, file, serve, and publish. Inventory, creditor notices, and closing papers follow as the estate moves.

When the estate needs more than an opening petition

When the assets sit in a trust

Trust assets pass outside probate, and the fight, if any, is with the trustee. See removing a trustee who will not account.

When heirs inherit a house together

If co-heirs end up on title and cannot agree, the next paper is a partition complaint, or for long-held family land, see heir property.

When the court has ruled against you

An order in probate can be appealed on a short clock. See appellate brief drafting.

Planning so your own family can skip this? See estate planning documents or a living trust template.

FAQ

Questions People Ask Before They File for Probate

How to force an estate into probate?

File the petition yourself. You do not need the executor's cooperation: in California any interested person may start administration by petition (Probate Code Section 8000), in Texas an interested person may apply to probate the will and for letters (Estates Code Sections 256.051 and 301.051), and in Florida any interested person may petition for administration (Section 733.202). California adds pressure on a slow executor: a named executor who does not petition within 30 days after learning of the death and the nomination may be held to have waived the right to serve (Section 8001), and whoever holds the original will must deliver it to the court clerk within 30 days after learning of the death (Section 8200). We draft the petition for the heir or beneficiary who is tired of waiting.

What is the quickest way to get probate?

Use a shorter procedure if the estate qualifies, and file a complete petition if it does not. California lets a successor collect personal property by affidavit once 40 days have passed, if the estate is under the Section 13100 limit. Texas can admit a will as a muniment of title, with no administration, when the estate owes no unpaid debt other than debt secured by real estate (Estates Code Section 257.001). Florida allows summary administration when the estate subject to administration, less exempt property, does not exceed $75,000, or the decedent has been dead more than two years (Section 735.201). For full probate, the fastest path is a petition that is complete the first time: every heir listed, bond waivers attached, notice served and published on schedule. In California the hearing is generally set 15 to 30 days after filing (Section 8003).

How to get a letter of testamentary in California?

File a Petition for Probate (Judicial Council form DE-111) in the superior court of the county where the decedent was domiciled (Probate Code Section 7051), with a copy of the will attached (Section 8002). Serve the Notice of Petition to Administer Estate (DE-121) on heirs and named beneficiaries at least 15 days before the hearing (Section 8110) and publish it three times (Section 8121). After the court signs the Order for Probate (DE-140), the executor takes the oath (Section 8403), files the Duties and Liabilities acknowledgment (DE-147, Section 8404), and posts bond unless the will or all beneficiaries waived it (Sections 8480 and 8481). The clerk then issues Letters (DE-150). The appointment is not effective until letters issue (Section 8400). Our letters testamentary page covers the letters themselves in more depth.

What not to do during probate?

Do not act for the estate before letters issue. In California a person has no power to administer until appointed and issued letters, though a named executor may pay funeral expenses and protect property in the meantime (Probate Code Section 8400). Do not distribute assets before creditors have had their window: in California a creditor generally has four months after letters first issue to file a claim (Section 9100). Do not miss the inventory: California requires it within four months after letters (Section 8800), and Texas within 90 days after qualifying, or an affidavit in lieu where allowed (Estates Code Sections 309.051 and 309.056). Do not skip notice to a single heir or beneficiary, because a person who was never served is the one most likely to attack the order later.

Can a person do probate without a lawyer?

It depends on the state. California's court self-help site tells a personal representative they can hire a lawyer if they want, and many file the petition on their own. Florida is different: Florida Probate Rule 5.030(a) requires every personal representative to be represented by an attorney admitted in Florida, unless the personal representative remains the sole interested person or is a Florida lawyer. In Texas, the legal aid site TexasLawHelp.org states that almost all probate cases require a lawyer, while a small estate affidavit usually does not. We draft the papers in every state; in Florida the papers go to the personal representative's Florida attorney to review, sign, and file.

What triggers probate when someone dies?

Property titled in the decedent's name alone, with no beneficiary designation, no joint owner with survivorship rights, and no trust holding it, usually needs a court order before anyone can transfer it. A will does not avoid probate on its own. Florida says so directly: until admitted to probate, a will is ineffective to prove title to or the right to possession of the testator's property (Section 733.103). Banks, title companies, and transfer agents ask for letters or a court order, and the probate petition is how you get one. Assets that pass by beneficiary designation, survivorship, or a funded living trust generally pass outside probate.

Does Florida require a probate attorney?

Yes, in most estates. Florida Probate Rule 5.030(a) states that every personal representative, unless the personal representative remains the sole interested person, must be represented by an attorney admitted to practice in Florida, and a personal representative who is a Florida lawyer may represent themselves. That is a court rule, so it binds the person serving, not the people helping them prepare. We draft the petition for administration, oath, notices, and inventory for the Florida attorney of record, who reviews, signs, and files them.

How long do probates usually take?

Most take months, not weeks. California's court self-help site puts the whole process at 9 to 18 months and sometimes longer, and the Probate Code requires the personal representative to petition for final distribution or report the status of administration within one year after letters issue, or 18 months if a federal estate tax return is required (Section 12200). The creditor period alone runs at least four months from letters in California (Section 9100). A will contest, a missing heir, real property that must be sold, or a business interest can add a year or more.

This page explains the statutes and what we draft. It is not legal advice about your estate, and Legal Tank does not represent you in court.

Ready When You Are

Get the Petition Drafted and the Estate Opened

Send the will, the death certificate, and what you know about the family and the assets, and we will scope every paper you need to open the estate in your state. We return scope and a delivery date in one business day, and the draft comes back for you or your counsel to sign and file.

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