Also known as:petitions for probate · probate petition
Written by attorneys · grounded in primary & secondary sources — see below
A written application by which a party requests that a court admit a will to probate. The filing initiates a formal testacy proceeding in which the court determines whether the instrument satisfies execution requirements and should be given effect.
Sources & Authorities
How it applies
Common Examples
2
Burden Allocation in Contested Proceeding
Parker Phillips, named executor under a 2022 will, filed a petition for probate in State A after the testator's death. Priya Prasad, the testator's child, objected and sought intestacy, claiming undue influence by Phillips. In the formal testacy proceeding, Phillips presented the signed instrument and witness testimony to meet the initial burden on due execution, while Prasad bore the burden of proving undue influence through evidence of the testator's weakened condition and Phillips's involvement in drafting.
Out-of-State Will Offered Locally
Philip Powell, a beneficiary under an Illinois will, filed a petition for probate in Iowa after the Illinois court denied probate on revocation grounds. The Iowa heirs objected, citing the prior denial. The court considered whether the instrument could be offered anew in Iowa despite the Illinois ruling on the same document.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Dictionaries
In re Estate of Barrie240 Iowa 431, 35 N.W.2d 658 (1949)
Common questions
Frequently Asked
3
Who bears the burden of proving due execution when a petition for probate is contested?+
The proponent of the will must establish prima facie proof of due execution in all cases. If the proponent is also the petitioner, that party must additionally show prima facie proof of death and venue. Contestants then carry the burden on issues such as lack of capacity or undue influence.
Supporting sources
What happens if multiple instruments are offered for probate before a final order?+
More than one instrument may be probated if neither expressly revokes the other. The order indicates which provisions control the nomination of an executor. After a final order, no further petition for probate of another instrument is permitted except through a petition to vacate or modify subject to time limits.
Supporting sources
Does filing a petition for probate require appointment of a special administrator?+
If a special administrator is needed pending probate, the person named executor in the will is appointed if available and qualified.
Supporting sources
283 Mass. 189, 186 N.E. 86Wills Trusts and Estates
…testatrix at the time of her death was her maternal aunt, Frances Hawkes Greene, who is still living and who was named in the petition for probate of her will. The will was duly proved and allowed on October 8, 1931, and letters testamentary issued accordingly. The testatrix was a single woman about sixty-four years of age, and had…