The hardest step in probate is the first: getting the matter open so someone has authority to act. Once the court appoints a personal representative and issues letters testamentary (if there is a will) or letters of administration (if there is not), the practical work—securing assets, paying valid bills, and eventually distributing property—can begin. Until then, institutions will tell you “we’re sorry for your loss, but we need letters.” This guide explains, in clear steps and with no unnecessary jargon, how to open probate, what to expect in the first 60 days, and how to avoid false starts that add weeks to the timeline.

Step 1: find the original will—or confirm there isn’t one

If the decedent signed a last will and testament, the original matters. Courts prefer originals because they rely on certain presumptions about authenticity and revocation. Search the home safe, a labeled binder, a desk file, or a readily accessible fire‑safe box. Avoid sealed safe‑deposit boxes unless you already have access—those can require court orders just to open. If you cannot find the original, you can still proceed, but you may need additional affidavits or a hearing. If there is no will, you will file as an administrator under your state’s intestacy rules.

Step 2: choose the right venue and prepare the petition

File in the county where the decedent lived at death, not necessarily where a particular asset sits. Courts typically ask for a petition for probate, the original will (if any), a certified death certificate, a list of heirs and beneficiaries with addresses, and a rough estimate of estate value. If the will names you as executor, attach it. If not, or if there is no will, state your priority to serve under your state’s statute. Some states require a bond unless waived by the will; check that box early rather than being surprised at issuance.

Accuracy here saves time later. Names and addresses must be current. If a beneficiary is a minor, note that; the court will care. If someone entitled to notice is out of state, plan for additional mailing time. Think of the petition as your opening statement: clear, factual, complete.

Step 3: file, calendar a hearing if required, and track issuance of letters

Many jurisdictions allow appointment on paperwork; others schedule a short hearing. If your court sets a date, show up on time with identification and any supplemental forms the clerk flagged. If the process is ex parte, check the docket online or call the clerk to see when letters will be ready. When letters issue, order multiple certified copies. Banks often want to keep one; so do transfer agents and title companies.

Step 4: publish and send notices the right way

Opening probate is not just about authority; it is about notice. Most states require publication of a notice to creditors in an approved local newspaper and direct notice to known creditors. Heirs and beneficiaries also receive notice, either of the hearing or of the appointment. These notices start clocks: creditors must file claims by a certain date; heirs have windows to object. Skipping or bungling notices is the surest way to repeat steps later. Follow your court’s forms, send by the required methods, and keep proof of publication and mailing in your file.

Step 5: open the estate bank account and secure assets

Now that you have letters, open an estate checking account. Deposit incoming funds there and pay estate expenses from it—never from your personal account. Present your letters to banks, brokers, and insurers to obtain information and redirect statements. Change locks if necessary. Maintain insurance on real property and vehicles. Winterize where climate demands it. If a home will be vacant, ask the insurer whether a vacancy endorsement is needed; some standard policies narrow coverage once a house sits empty.

Step 6: start the inventory and appraisal process

The first 60 days are less about distributing and more about understanding. Gather bank and brokerage statements, locate deeds, list vehicles by VIN, and note life insurance policies and retirement accounts (even if they pass by beneficiary designation). For unique assets, engage an appraiser. A realistic inventory guides decisions: do you need to sell property to pay debts and taxes, or can you make early distributions? If you guess, you invite errors. If you know, you can act with confidence.

Step 7: communicate with beneficiaries and set expectations

People fill silence with suspicion. A simple letter or email early in the case pays dividends: “The petition is filed; I expect letters in about X weeks; creditors will have Y days to file claims; we will inventory assets and then decide on sales and timing; I’ll send another update by [date].” You do not need to reveal precise balances on day one. You do need to demonstrate that the file is active and that you respect people enough to keep them informed.

Step 8: adopt a mindset of process over improvisation

Probate is less a puzzle than a sequence: authority, notice, inventory, claims, sales, taxes, accounting, distribution. Courts reward orderly files and punish improvisation. If you are tempted to “just transfer” the car to a child without title paperwork because “that’s what Mom wanted,” remember that the will controls and your authority runs through it. If the will leaves the car to that child, perfect; process the title correctly. If not, the car belongs to the residuary, and you will cause a dispute by freelancing. The fastest way to finish probate is to do it right the first time.

What if the estate is small?

If assets are modest and the state allows small‑estate procedures, you may not need full probate. But apply the rules honestly. Thresholds often exclude real estate above a certain value or require waiting periods. If real property must be sold or if title is cloudy, a formal probate may still be the best path. The first 60 days—inventory, document review, beneficiary communication—will tell you which lane fits.

How living trusts change the calculus

A revocable living trust that was properly funded before death allows the successor trustee to bypass opening probate for those trust‑titled assets altogether. In such a case, you might open probate only to deal with leftovers—an account never retitled, a vehicle, a refund check—or not at all if small‑estate mechanisms suffice. If you are opening probate now and wish it were smaller, note the opportunity: a state‑specific will paired with a funded trust is the cleanest way to lighten this load for your own family later.

Work from a complete, plain‑English checklist: How to Probate an Estate (Book) → /product/how-to-probate-an-estate/

Reduce what must go through probate next time: Online Revocable Living Trust → /product/online-living-trust/

Name a capable executor in a valid will: Online Last Will & Testament → /product/online-last-will/