How to File a Will in Probate Court
- 1). Find the will. Before a will can be admitted to probate, you must find a copy of the will. Once you learn the testator has died, you can notify any party you believe has a copy of the will if you do not have it.
- 2). Submit the will to the probate court. Once you have a will, you will have to take it to the county courthouse. Generally, you must take it to the courthouse in the county where the testator lived, though some states require you to take it to the county where he died.
- 3). Prove the will. When submitting the will, you will have to affirm that you believe it is the testator's last will and testament. Usually, this requires the person turning in the will sign an affidavit and take an oath; however, if the will has affidavits to that effect or was notarized, you might not have to do this. Such self-proven wills are allowed in all states, though the laws that determine what qualifies a will to be self-proven differ.
- 4). Pay the fee. Some states require you to pay a filing fee when admitting a will to probate court. Contact your local county courthouse and ask the court clerk about the fee. If you are unable to pay the fee, you also can ask for a financial hardship waiver. Bring the fee or waiver with you when you file the will with the probate court.
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