How to File a Probate Claim

You can file a probate claim with the clerk of court. You will need to submit a form to the court that alerts the court that you are  claiming the rights of an estate. The forms can be found at the courthouse. May courthouses also have the forms online.

Submit a Probate Claim Form

Each court has will have their own filing procedures. Many probate courts streamline the process by providing a form, such as a Statement and Proof of Claim Form, that petitioners can complete. The form will require you to detail your claims to the estate’s assets and provide evidence of your rights.

File with the Appropriate Court

You will need to file all paperwork with the probate court that is located in the jurisdiction where the person died. It is important to note that it must not be filed at the jurisdiction where the decedent executed the will. A probate attorney can help you file the probate claim and can submit the form on your behalf. They can also help you sort through all of the court procedures and file the proper forms for you.