To commence the probate of a decedent's estate, a petition for the appointment of a fiduciary, probate of a will, or similar initial pleading shall be filed in the Probate Division of the Clerk's office, and all required fees paid. Normally, AOC 81-805 may be used. There shall be filed with the petition a completed fiduciary bond form (e.g. AOC 825) with the amount left blank.

No will offered for probate will be accepted unless proof is submitted to the Court regarding its due execution. This proof may be in the form of oral testimony before the Court, or affidavit.

Unless the person seeking appointment as personal representative is a named Executor in a Will offered for probate, notice of the hearing on the appointment must be given to all heirs at law. This notice must be in writing. Notice may be by ordinary mail at least five (5) days before the hearing. Proof of service in the form of a copy of the mailed notices and a certificate of service shall be filed in the record with the petition requesting appointment. In lieu of such notice, the Court will accept a waiver from each heir indicating that he or she does not desire to attend the hearing.

The personal representative shall be required to make a bond. The amount of this bond shall be the estimated value of the estate for which the fiduciary is entrusted, but the value of real estate will be excluded unless the will grants the power of sale or the fiduciary has petitioned the Court to sell the real estate. Surety will be excused where the will requests that surety not be required or, in the discretion of the Court, where it is deemed unnecessary for the protection of the estate or in instances where a waiver of surety is executed by all parties in interest and filed. Trust companies may pledge their capital stock in the amount of the bond.

When there are no probatable assets, or under the appropriate circumstances, the Court may order that administration of the estate be dispensed with. Such orders may be entered upon a petition requesting such relief being filed.