Filing the Initial Probate Petition

Where probate officially begins — what gets filed, where it gets filed, and what happens next.

Filing the initial probate petition is the moment when an estate formally enters the court system. Until this step occurs, no one has legal authority to act on behalf of the estate beyond securing property and handling urgent matters.

This chapter explains what the petition does, where it is filed, and what families should expect once probate officially begins.

What the Probate Petition Does

The probate petition asks the court to:

  • Open the estate
  • Confirm the validity of a will, if one exists
  • Appoint a personal representative (executor or administrator)
  • Authorize that person to act on behalf of the estate

Once the petition is approved, the court issues formal authority documents known as Letters Testamentary or Letters of Administration.

Where Probate Is Filed

Probate cases are filed in the California superior court for the county where the person lived at the time of death. This location is referred to as the person’s domicile.

Even if assets exist in multiple counties, there is usually only one primary probate case.

Documents Typically Required Before Filing

  • Certified death certificates
  • Original will and any amendments
  • Preliminary list of assets and estimated values
  • Known debts and obligations
  • Names and addresses of heirs and beneficiaries

Practical note: If the original will is stored in a safe deposit box, access rules can be restrictive. In some cases, a court order is required before the box can be opened.

What Happens After Filing

  • The court assigns a case number
  • A hearing date is scheduled
  • Required notices must be mailed and/or published
  • Interested parties have an opportunity to object
  • The court issues Letters if the petition is approved

Once Letters are issued, the personal representative gains legal authority to manage estate assets, communicate with institutions, and proceed with administration.

Key Takeaways

  • Probate formally begins when the petition is filed with the court
  • The correct filing county is usually the person’s domicile
  • No formal authority exists until Letters are issued
  • Preparation before filing reduces delays and objections