What Documents You Need for Probate: A Multi-State Checklist
One of the first and most important steps in the probate process is gathering the right documents. Whether you are an Executor in Connecticut, a Personal Representative in Maryland or Massachusetts, or handling an estate through the DC Superior Court Probate Division, having your paperwork organized from the start can save weeks of delays and reduce stress for your family.
Each of the four states we serve has its own filing requirements, forms, and fee structures. The documents that work for a Connecticut Probate Court filing will not be identical to what the Maryland Orphans' Court requires. Here is a clear breakdown of what you need in each jurisdiction.
"I have seen too many families hit roadblocks simply because a key document was missing at the time of filing. Getting your paperwork together before you walk into the courthouse is the single best thing you can do to keep the probate process moving forward smoothly."
- Robert Clarke, Probate Real Estate Specialist
Documents Required in Connecticut
Connecticut's Probate Court is organized into 54 district courts, each serving a specific town or region. To open probate in Connecticut, the Executor named in the will must file:
- Petition for Administration or Probate of Will (Form PC-200) — the primary filing document that starts the proceeding
- Confidential Information sheet (Form PC-200CI) — contains the decedent's Social Security number and other identifying information
- Original will and any codicils — must be the original signed document, not a copy
- Death certificate — certified copies as requested by the court
- Appointment of Probate Judge as Agent for Service (Form PC-482) — required if the Executor is not a Connecticut resident
Connecticut filing fees are calculated on a graduated schedule based on the gross estate value. Fees range up to approximately 1% of the gross estate, with a cap of $40,000 for the largest estates. Estates valued under $40,000 may qualify for a simplified small estate process, which requires fewer documents and moves through the court in 2 to 4 months rather than the typical 6 to 12 months.
Documents Required in Maryland
Maryland's Orphans' Court operates in each county, with the Register of Wills handling the administrative side. The Personal Representative must provide:
- Death certificate — original or certified copy
- Original last will and testament — if one exists
- Petition for Probate — the formal request to open the estate
- List of Interested Persons — names and addresses of all heirs and beneficiaries
- Consent to Appointment of Personal Representative — signed by all interested parties
- Resident Agent Form — required if the Personal Representative lives out of state
- Information Report — listing trusts, jointly held property, retirement accounts, POD accounts, and any gifts made within two years of death
- Documentation for funeral expenses — burial, cremation, or memorial service receipts
Maryland's filing fees are tiered by gross estate value: $0 for estates under $5,000, $50 for $5,000 to $10,000, $100 for $10,001 to $20,000, and $150 for $20,001 to $50,000. Estates under $50,000 may qualify for simplified administration, which reduces both the paperwork and the timeline significantly.
Documents Required in Massachusetts
Massachusetts Probate and Family Court offers two pathways: informal and formal administration. Informal administration is generally faster and requires less court supervision. The Personal Representative must file:
- Petition for Informal Probate (Form MPC 150) or Petition for Formal Probate (Form MPC 160) — depending on the chosen pathway
- Surviving Spouse, Children, Heirs at Law (Form MPC 162) — complete list of all legal heirs
- Devisees (Form MPC 163) — list of everyone named in the will who inherits property
- Original will
- Certified copy of death certificate — or an affidavit if one is not yet available
- Notice of Informal Probate and Return of Service (Form MPC 550) — for informal administration
- Citation and Return of Service (Form MPC 560) — for formal administration
Massachusetts filing fees are fixed: $390 for informal probate and $405 for formal probate. Voluntary administration for very small estates costs $115. Informal administration moves faster and is the preferred route for most uncomplicated estates, while formal administration is reserved for contested or complex cases requiring closer court oversight.
Documents Required in Washington DC
The DC Superior Court Probate Division handles all estate matters in the District. The Personal Representative must file the following with the court:
- Petition for Probate — the main filing that opens the estate, available through the court's probate forms
- Original will and Certificate of Filing Will — the will must be filed with the court separately from the petition
- Affidavit of Witness — sworn statement from a witness to the will's signing
- Certified copy of death certificate — with Social Security number obscured for privacy
- Personal Identification Information (Form 26) — for the decedent and all persons listed in petitions
- Bond of Personal Representative or Waiver of Bond — bond is required unless all heirs sign a waiver
- Notice of Appointment and Notice to Creditors — must be published in an approved newspaper
DC's probate filing fee is $25 plus $1.50 per $1,000 of estate value. For a $500,000 estate, that works out to $775. Unsupervised administration is generally faster and requires less court involvement than supervised administration, where the court reviews every major decision. DC also offers a streamlined small estate process for estates valued under $40,000.
Core Documents Every Estate Needs
Regardless of which state handles the estate, every family should gather these core documents before meeting with a probate attorney:
- Multiple certified death certificates — order at least 10 to 12 copies, as banks, title companies, and government agencies each require their own
- The original will — a copy is insufficient for filing purposes in any of the four states
- Property deeds — for all real estate owned by the decedent
- Recent bank and investment account statements — showing balances as of the date of death
- Vehicle titles and registration — for any cars, boats, or other titled vehicles
- Last two years of tax returns — federal and state, to help identify assets and liabilities
- List of debts and creditor statements — including mortgages, credit cards, medical bills, and personal loans
- Life insurance policies and retirement account beneficiary designations — these often pass outside of probate but must be documented
Having these documents organized before you file can shorten the probate process by several months. The Executor or Personal Representative who arrives at the court with a complete packet avoids the back-and-forth of supplemental filings, which can delay the case by weeks at each round of requests.
Filing Fee Comparison at a Glance
Here is how probate filing fees compare across the four states for a typical estate valued at $500,000:
- Connecticut: Graduated fee schedule, approximately 1% of gross estate value (capped at $40,000), roughly $5,000 for a $500,000 estate
- Maryland: Tiered flat fees, approximately $200 to $350 for a $500,000 estate depending on the exact value bracket
- Massachusetts: Fixed fee of $390 for informal probate or $405 for formal probate
- Washington DC: $25 base fee plus $1.50 per $1,000 of estate value, totaling $775 for a $500,000 estate
These fees cover filing only. Additional costs may include attorney fees, appraisal costs, bond premiums, publication fees, and real estate commission if property is sold. Read our full breakdown of probate costs and fees.
Practical Tips for Organizing Probate Documents
Gathering documents for probate can feel overwhelming, especially when you are also dealing with the emotional weight of losing a loved one. Here are a few practical tips to simplify the process:
- Start with the death certificate. Every state requires certified copies, and many institutions will not release account information until they have one on file. Order extras early to avoid delays.
- Use a single checklist. Work through the required forms for your state one at a time. Our Connecticut probate checklist, Maryland probate checklist, Massachusetts probate checklist, and DC probate checklist each walk you through the specific documents you need.
- Ask the court for a form packet. Most probate courts, including the CT Probate Court, Maryland Orphans' Court, MA Probate and Family Court, and DC Superior Court Probate Division, provide form packets online or at the courthouse.
- Keep a log of who you contact. When gathering financial statements, property records, and beneficiary information, note the date you made each request and follow up if you do not hear back within a week.
The probate process requires patience, organization, and often professional guidance. But the single most impactful step you can take is preparing your documents before you begin. A complete filing saves weeks of back-and-forth and gives you the best chance of a smooth probate experience.
This site provides general real estate and probate information. It is not legal advice. Consult the appropriate state probate attorney for legal questions.
Need Help With a Probate Property?
Contact Robert Clarke for expert guidance across Connecticut, Maryland, Massachusetts, and Washington DC.
Robert Clarke | Coldwell Banker Realty
CT Inquiries: (203) 936-9004 | rob@robandvicct.com
MA Inquiries: (617) 564-0109 | rob@robandvicct.com
DC and MD Inquiries: (202) 681-9556 | rob@robandvic.com
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