Who Can Initiate Probate?
Probate can feel like a daunting process — but it all begins with one simple question: who actually has the authority to start it?
The answer matters. If the wrong person applies, the court may reject the application, causing delays, extra costs, and unnecessary frustration for grieving families.
Below, we’ll break down exactly who can initiate probate and why it’s important to get it right from the outset.
The Role of the Executor
If the deceased left a valid will, the named executor is usually the person responsible for initiating probate.
- The executor applies for a Grant of Probate (or its equivalent, depending on the jurisdiction).
- This document gives them legal authority to deal with the estate, from collecting assets to paying debts and distributing inheritances.
Executors are the court’s first choice because the deceased specifically trusted them to carry out their wishes.
When There’s No Will: Administrators Step In
If there’s no will (intestacy), things work differently. Instead of an executor, the court appoints an administrator.
- Typically, this is the closest living relative (spouse, adult child, parent, or sibling).
- The administrator applies for Letters of Administration to gain legal authority.
The court usually requires professional legal assistance because intestacy laws are complex, and the hierarchy of who may apply can be contested. Having a lawyer ensures that the right applicant comes forward and that the estate is managed in compliance with the law.
Hierarchy matters: if multiple relatives apply, the court prioritizes them according to intestacy rules — but it’s the lawyer who prepares and files the application correctly.
What About Creditors?
Sometimes, if no family member or named executor takes action, creditors of the estate can apply to initiate probate. This ensures debts are paid and the estate isn’t left unmanaged.
While unusual, and state specific, it’s a reminder that probate isn’t just about distributing inheritances — it’s also about settling obligations.
Why Timing Matters
Who initiates probate isn’t just a matter of law — it’s also a matter of time. Delays in applying can:
- Increase the risk of disputes among family members.
- Lead to unpaid debts, penalties, or property falling into disrepair.
- Create unnecessary stress for beneficiaries.
Taking early action helps protect both the estate and the people connected to it.
How EstateMin Helps
Probate already comes with enough hurdles. EstateMin streamlines the process so that once the right person — or their lawyer — steps forward, the heavy lifting becomes much easier.
With automated workflows, client portals, and document management, EstateMin helps law firms cut probate administration time by up to 50%.
Key Takeaway
The short answer to “who can initiate probate?” is: the executor (if there’s a will) or the closest eligible relative with the help of a lawyer (if there isn’t). Creditors may step in as a last resort.
Getting this first step right prevents costly mistakes and sets the estate on the smoothest path forward.