How to Petition a Probate Court
- 1). Obtain a petition for probate. In some states you will get this from the local clerk of courts; other states may have specialized probate offices. If you are petitioning for legal guardianship of an incapacitated person, you must prove "beyond a reasonable doubt" that the proposed ward is unable to care for herself and is incapable of making her own informed choice not to provide for her own needs.
- 2). Fill out all sections of the probate petition form and sign it. This signature is legally equal to taking an oath stating that all information on the form is accurate. If you have access to an attorney, it is a good idea to seek assistance in completing this form. If you do not have access to an attorney, your clerk of courts can assist you with any problems you have completing the form.
- 3). Contact all affected parties to the filing of your probate form. This is typically done by mail, although your probate court may permit them to be contacted through alternative means. Depending on the nature of your petition this may include creditors, family members, legal guardians and trustees. In some instances, you may need to file a bond as well. The bond is an amount of money temporarily held by the court or a bond agency to protect heirs against misrepresentation by the executor of a will and is returned when the executor of the will has fulfilled the terms of the will completely and honestly.
- 4). Notarize the petition. This is required no matter what state you live in. Your petition will not be legally binding unless it is notarized by a notary public.
- 5). Submit your petition to the clerk of courts office or relevant probate court office. You will need to pay a fee to submit this petition. The size of this fee varies from state to state. Make sure you make a copy of the petition for your personal records before you submit it.
Source...