Probate Filing Decoder: A Probate Petition, Part by Part
Authored by Carson Nordmann, Founder of Keystone Court Data. See our editorial standards.
When someone dies owning property in their own name, a family member or the person named in the will often asks a court to open an estate. That request is a petition for probate (or an application for letters). Below is a made-up sample petition. Tap any highlighted part to see what it usually means, then pick a state to read that state's own law on it, quoted word for word.
Decode a sample probate petition
Every name, date, address and amount below is invented. Real petitions differ in layout and wording from state to state, but most carry these same parts.
IN THE MATTER OF THE ESTATE OF
PETITION FOR PROBATE OF WILL AND FOR LETTERS (SAMPLE)
1.
2.
3.
4.
5.
6.
7.
Signed: ALEX SAMPLE, Petitioner (SAMPLE)
Each numbered part opens an explanation here: what it usually means, why it matters, and, if you pick a covered state, that state's own law on it.
General information about how probate petitions usually work, checked October 2026. The law can change, and each state sets its own probate rules. This is not legal advice and does not create an attorney-client relationship. Talk to an attorney licensed in the state where the estate is being handled before relying on it.
What a petition does, and does not, settle
A petition only asks. Until the court admits the will (if there is one) and issues letters, the person who filed it usually has no power to sell, lease or sign for the decedent's property. The letters are the document that shows who may act for the estate.
Probate can take months, and much of that time is set by law: a period for creditors to present claims, time to inventory the property, and, in some states, court approval before real estate is sold. The details differ by state, which is why this page quotes each covered state's own statute rather than summarising.
Calls and texts to a family after a death can be covered by federal and state Do Not Call, calling and texting rules. Questions about a specific estate are for the family's own attorney.
States covered so far
Quoted from official state statute pages: Ohio, Missouri, Arizona. Indiana is not yet covered: the official code site did not return readable statute text for this page. Every other state is marked not yet covered until its official text is quoted and checked.
Sources
Every state-specific rule on this page is shown as a word-for-word quote from one of these official statute pages, with a plain-English summary under it, checked October 2026. The summary is ours; the quote is the law. Pick a state in the decoder to see which section each quote comes from.
- Arizona Revised Statutes 14-1201, Definitions
- Arizona Revised Statutes 14-3203, Priority among persons seeking appointment as personal representative
- Arizona Revised Statutes 14-3301, Informal probate or appointment proceedings; application; contents
- Arizona Revised Statutes 14-3603, Bond required; exceptions
- Arizona Revised Statutes 14-3715, Transactions authorized for personal representatives
- Arizona Revised Statutes 14-3801, Notice to creditors
- Arizona Revised Statutes 14-3803, Limitations on presentation of claims
- Missouri Revised Statutes 472.010, Definitions
- Missouri Revised Statutes 473.017, Application for letters, content
- Missouri Revised Statutes 473.033, Notice of letters, publication, form
- Missouri Revised Statutes 473.110, Persons entitled to letters
- Missouri Revised Statutes 473.157, Bond of personal representative
- Missouri Revised Statutes 473.160, Bond not required, when
- Missouri Revised Statutes 473.444, Limitations on filing claims, when claims barred
- Missouri Revised Statutes 473.457, Sale of property under power in will
- Missouri Revised Statutes 473.460, Purposes for which property may be sold, mortgaged, leased or exchanged
- Missouri Revised Statutes 473.810, Powers of independent personal representative
- Ohio Revised Code 2109.04, Bond
- Ohio Revised Code 2109.07, Bond conditions - administrator - when not required
- Ohio Revised Code 2113.05, Letters testamentary shall issue
- Ohio Revised Code 2113.06, To whom letters of administration shall be granted
- Ohio Revised Code 2113.07, Application for appointment as executor or administrator
- Ohio Revised Code 2117.06, Presentation and allowance of creditor's claims
- Ohio Revised Code 2117.07, Acceleration of bar against claims of potential claimants
- Ohio Revised Code 2117.10, Failure of lienholder to present claim
- Ohio Revised Code 2127.01, Sale of lands by executors and administrators
- Ohio Revised Code 2127.011, Disposition of real property
Related
This page gives general information about probate petitions. The sample petition is invented for illustration; any resemblance to a real case or person is accidental. Rules vary by state. Reviewed October 2026; the law can change. This is not legal advice and does not create an attorney-client relationship. Talk to an attorney licensed in the state where the estate is being handled about a specific estate.