We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is a Petition for Probate?

By Jessica Saras
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A petition for probate is a term used to describe the court process for determining whether a person’s will is legally valid. In addition, it is also used to determine how an individual’s assets should be distributed after his or her death. In cases where no will was left, the person’s property is typically distributed using the laws of hereditary succession.

After a person dies, his or her estate must go through probate before anyone else can take possession of the property. Each jurisdiction has its own laws regarding the probate process, including those that prevent anyone from tampering or suppressing another person’s will. As a result, a separate petition of probate is required if any of the individual’s assets, such as a home or other property, is located in another jurisdiction.

To begin the probate process, a representative of the individual who passed away, usually a spouse or close relative, must submit a petition for probate to the court in the individual’s area of residence. If the deceased left a will, the original document must be included with this request, along with a copy of the death certificate. Once the court has received a petition for probate, a hearing will be held to prove the individual’s death and residency.

When a person dies with a will intact, the court must first confirm that he document meets its jurisdiction’s statutory requirements before it can be upheld. Prior to this, the document has no legal validity. If the court does not find any reason to object to the document, the will be admitted into probate, and the individual’s property will be distributed according to its terms.

When a person dies without a will, however, the probate court will be responsible for determining how his or her assets should be distributed. To do this, the probate court appoints someone to distribute any assets he or she left. Once again, this person will most likely be a spouse or relative of the person who passed away. This individual, known as the executor of the estate, is responsible for collecting all of the deceased’s assets and liabilities, paying the appropriate taxes, and distributing any remaining assets to the appropriate heirs, as determined by the jurisdiction’s laws of descent and distribution. In addition, since probate laws vary from one jurisdiction to another, the executor is the person who is responsible for filing a required petition for probate, if the individual owned property in multiple jurisdictions.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.