Dealing with the loss of a loved one is never easy, and the legal process that follows can be overwhelming.
One of the first steps in settling an estate is filing a petition for probate of will.
This document formally requests that the court accept the deceased’s will as valid and appoint an executor to manage the estate.
Sample Petitions for Probate of Will
To help you navigate this process, we have compiled fifteen sample petitions for probate of will that cover a variety of scenarios.
Sample One: Petition for Probate of Will with No Complications
Subject: Petition for Probate of Will – Estate of John Doe
Dear Honorable Judge,
I, Jane Doe, the named executor in the last will of John Doe, respectfully petition this court to admit the attached will to probate. John Doe passed away on January 1, 2023, and was a resident of [County, State] at the time of his death.
The decedent’s will, dated May 1, 2020, was executed following state law and is the decedent’s true last will. To my knowledge, there are no contests or objections to the will.
I request that the court appoint me as the executor of the estate, as named in the will, and grant me the authority to administer the estate according to the terms of the will and state law.
Respectfully submitted,
Jane Doe
Sample Two: Petition for Probate of Will with Multiple Executors
Subject: Petition for Probate of Will – Estate of Sarah Smith
Dear Honorable Judge,
We, Michael Smith and Emily Johnson, the named co-executors in the last will of Sarah Smith, respectfully petition this court to admit the attached will to probate. Sarah Smith passed away on February 14, 2023, and was a resident of [County, State] at the time of her death.
The decedent’s will, dated August 5, 2018, was executed following state law and is the decedent’s true last will. To our knowledge, there are no contests or objections to the will.
We request that the court appoint us as the co-executors of the estate, as named in the will, and grant us the authority to administer the estate according to the terms of the will and state law.
Respectfully submitted,
Michael Smith and Emily Johnson
Sample Three: Petition for Probate of Will with a Disinherited Heir
Subject: Petition for Probate of Will – Estate of David Johnson
Dear Honorable Judge,
I, Lisa Johnson, the named executor in the last will of David Johnson, respectfully petition this court to admit the attached will to probate. David Johnson passed away on March 30, 2023, and was a resident of [County, State] at the time of his death.
The decedent’s will, dated November 12, 2019, was executed following state law and is the decedent’s true last will. The will specifically disinherits the decedent’s son, Mark Johnson, for reasons known to the decedent. To my knowledge, there are no contests or objections to the will.
I request that the court appoint me as the executor of the estate, as named in the will, and grant me the authority to administer the estate according to the terms of the will and state law.
Respectfully submitted,
Lisa Johnson
Sample Four: Petition for Probate of Will with a Charitable Bequest
Subject: Petition for Probate of Will – Estate of Rachel Lee
Dear Honorable Judge,
I, Andrew Lee, the named executor in the last will of Rachel Lee, respectfully petition this court to admit the attached will to probate. Rachel Lee passed away on April 7, 2023, and was a resident of [County, State] at the time of her death.
The decedent’s will, dated September 22, 2021, was executed by state law and is the decedent’s true last will. The will includes a charitable bequest to the American Cancer Society. To my knowledge, there are no contests or objections to the will.
I request that the court appoint me as the executor of the estate, as named in the will, and grant me the authority to administer the estate according to the terms of the will and state law.
Respectfully submitted,
Andrew Lee
Sample Five: Petition for Probate of Will with a Trust
Subject: Petition for Probate of Will – Estate of Thomas Brown
Dear Honorable Judge,
I, Jennifer Brown, the named executor in the last will of Thomas Brown, respectfully petition this court to admit the attached will to probate. Thomas Brown passed away on May 19, 2023, and was a resident of [County, State] at the time of his death.
The decedent’s will, dated June 30, 2017, was executed following state law and is the decedent’s true last will. The will establishes a trust for the benefit of the decedent’s minor children. To my knowledge, there are no contests or objections to the will.
I request that the court appoint me as the executor of the estate, as named in the will, and grant me the authority to administer the estate according to the terms of the will and state law.
Respectfully submitted,
Jennifer Brown
Sample Six: Petition for Probate of Will with a Codicil
Subject: Petition for Probate of Will – Estate of Elizabeth Davis
Dear Honorable Judge,
I, Robert Davis, the named executor in the last will of Elizabeth Davis, respectfully petition this court to admit the attached will and codicil to probate. Elizabeth Davis passed away on June 11, 2023, and was a resident of [County, State] at the time of her death.
The decedent’s will, dated April 8, 2015, and the codicil, dated October 3, 2020, were executed per state law and constitute the decedent’s true last will and testament. To my knowledge, there are no contests or objections to the will or codicil.
I request that the court appoint me as the executor of the estate, as named in the will, and grant me the authority to administer the estate according to the terms of the will, codicil, and state law.
Respectfully submitted,
Robert Davis
Sample Seven: Petition for Probate of Will with a Pretermitted Heir
Subject: Petition for Probate of Will – Estate of William Wilson
Dear Honorable Judge,
I, Susan Wilson, the named executor in the last will of William Wilson, respectfully petition this court to admit the attached will to probate. William Wilson passed away on July 23, 2023, and was a resident of [County, State] at the time of his death.
The decedent’s will, dated December 15, 2019, was executed following state law and is the decedent’s true last will. The decedent had a child, born after the execution of the will, who is not mentioned in the will. To my knowledge, there are no contests or objections to the will.
I request that the court appoint me as the executor of the estate, as named in the will, and grant me the authority to administer the estate according to the terms of the will and state law, taking into account the pretermitted heir’s legal rights.
Respectfully submitted,
Susan Wilson
Sample Eight: Petition for Probate of Will with a No-Contest Clause
Subject: Petition for Probate of Will – Estate of Karen Taylor
Dear Honorable Judge,
I, Brian Taylor, the named executor in the last will of Karen Taylor, respectfully petition this court to admit the attached will to probate. Karen Taylor passed away on August 5, 2023, and was a resident of [County, State] at the time of her death.
The decedent’s will, dated February 18, 2022, was executed per state law and is the decedent’s true last will. The will contains a no-contest clause, stating that any beneficiary who contests the will shall forfeit their inheritance. To the best of my knowledge, there are no contests or objections to the will.
I request that the court appoint me as the executor of the estate, as named in the will, and grant me the authority to administer the estate according to the terms of the will and state law.
Respectfully submitted,
Brian Taylor
Sample Nine: Petition for Probate of Will with a Life Estate
Subject: Petition for Probate of Will – Estate of George Anderson
Dear Honorable Judge,
I, Mary Anderson, the named executor in the last will of George Anderson, respectfully petition this court to admit the attached will to probate. George Anderson passed away on September 17, 2023, and was a resident of [County, State] at the time of his death.
The decedent’s will, dated July 9, 2020, was executed per state law and is the decedent’s true last will. The will grants a life estate in the decedent’s primary residence to his surviving spouse, with the remainder interest passing to his children upon the spouse’s death. To the best of my knowledge, there are no contests or objections to the will.
I request that the court appoint me as the executor of the estate, as named in the will, and grant me the authority to administer the estate according to the terms of the will and state law.
Respectfully submitted,
Mary Anderson
Sample Ten: Petition for Probate of Will with a Pour-Over Provision
Subject: Petition for Probate of Will – Estate of Patricia Harris
Dear Honorable Judge,
I, Steven Harris, the named executor in the last will of Patricia Harris, respectfully petition this court to admit the attached will to probate. Patricia Harris passed away on October 29, 2023, and was a resident of [County, State] at the time of her death.
The decedent’s will, dated January 14, 2021, was executed per state law and is the decedent’s true last will. The will contains a pour-over provision, directing that any assets not specifically bequeathed be transferred to the Patricia Harris Living Trust, dated January 14, 2021. To the best of my knowledge, there are no contests or objections to the will.
I request that the court appoint me as the executor of the estate, as named in the will, and grant me the authority to administer the estate according to the terms of the will and state law.
Respectfully submitted,
Steven Harris
Sample Eleven: Petition for Probate of Will with a Specific Bequest
Subject: Petition for Probate of Will – Estate of Jonathan Green
Dear Honorable Judge,
I, Amanda Green, the named executor in the last will of Jonathan Green, respectfully petition this court to admit the attached will to probate. Jonathan Green passed away on November 10, 2023, and was a resident of [County, State] at the time of his death.
The decedent’s will, dated March 27, 2019, was executed per state law and is the decedent’s true last will. The will includes a specific bequest of the decedent’s antique car collection to his nephew, Christopher Green. To the best of my knowledge, there are no contests or objections to the will.
I request that the court appoint me as the executor of the estate, as named in the will, and grant me the authority to administer the estate according to the terms of the will and state law.
Respectfully submitted,
Amanda Green
Sample Twelve: Petition for Probate of Will with a Residuary Clause
Subject: Petition for Probate of Will – Estate of Barbara Wilson
Dear Honorable Judge,
I, David Wilson, the named executor in the last will of Barbara Wilson, respectfully petition this court to admit the attached will to probate. Barbara Wilson passed away on December 22, 2023, and was a resident of [County, State] at the time of her death.
The decedent’s will, dated September 3, 2020, was executed per state law and is the decedent’s true last will. The will contains a residuary clause, stating that any remaining assets not specifically bequeathed shall be divided equally among the decedent’s three children. To the best of my knowledge, there are no contests or objections to the will.
I request that the court appoint me as the executor of the estate, as named in the will, and grant me the authority to administer the estate according to the terms of the will and state law.
Respectfully submitted,
David Wilson
Sample Thirteen: Petition for Probate of Will with a Survivorship Clause
Subject: Petition for Probate of Will – Estate of Dorothy Davis
Dear Honorable Judge,
I, Richard Davis, the named executor in the last will of Dorothy Davis, respectfully petition this court to admit the attached will to probate. Dorothy Davis passed away on January 13, 2024, and was a resident of [County, State] at the time of her death.
The decedent’s will, dated November 19, 2018, was executed per state law and is the decedent’s true last will. The will includes a survivorship clause, stating that beneficiaries must survive the decedent by 30 days to inherit. To the best of my knowledge, there are no contests or objections to the will.
I request that the court appoint me as the executor of the estate, as named in the will, and grant me the authority to administer the estate according to the terms of the will and state law.
Respectfully submitted,
Richard Davis
Sample Fourteen: Petition for Probate of Will with a Personal Property Memorandum
Subject: Petition for Probate of Will – Estate of Nancy Johnson
Dear Honorable Judge,
I, Kathleen Johnson, the named executor in the last will of Nancy Johnson, respectfully petition this court to admit the attached will to probate. Nancy Johnson passed away on February 25, 2024, and was a resident of [County, State] at the time of her death.
The decedent’s will, dated August 11, 2021, was executed per state law and is the decedent’s true last will. The will references a personal property memorandum, which distributes specific items of tangible personal property to named beneficiaries. To the best of my knowledge, there are no contests or objections to the will or the personal property memorandum.
I request that the court appoint me as the executor of the estate, as named in the will, and grant me the authority to administer the estate according to the terms of the will, the personal property memorandum, and state law.
Respectfully submitted,
Kathleen Johnson
Sample Fifteen: Petition for Probate of Will with a Simultaneous Death Clause
Subject: Petition for Probate of Will – Estate of Michael Thompson
Dear Honorable Judge,
I, Emily Thompson, the named executor in the last will of Michael Thompson, respectfully petition this court to admit the attached will to probate. Michael Thompson passed away on March 7, 2024, and was a resident of [County, State] at the time of his death.
The decedent’s will, dated May 23, 2022, was executed per state law and is the decedent’s true last will. The will includes a simultaneous death clause, addressing the distribution of assets if the decedent and his spouse die simultaneously or under circumstances rendering it difficult to determine who predeceased the other. To the best of my knowledge, there are no contests or objections to the will.
I request that the court appoint me as the executor of the estate, as named in the will, and grant me the authority to administer the estate according to the terms of the will and state law.
Respectfully submitted,
Emily Thompson
Conclusion
Filing a petition for probate of a will is an essential step in settling an estate.
By understanding the various scenarios and clauses that may be included in a will, you can ensure that your petition is thorough and accurate.
These fifteen sample petitions serve as a starting point for crafting your petition, tailored to the specific circumstances of your loved one’s estate.
As always, it is advisable to consult with an experienced estate planning attorney to guide you through the probate process and ensure that your rights and the wishes of the deceased are protected.