Order of Formal Probate of Will and of Formal Appointment of Personal Representative (DHS-8349B)

Follow the instructions for (DHS-8349B) (PDF) to have the court give an order to initiate formal probate of an estate with a will.

1. Fill in the header.

· Select your county name from the top left dropdown.

· Enter decedent’s (deceased person’s) name on the left.

· Enter the court district number in the top right. If you are unsure of your district, look up the court district.

· Since you are opening a new court file, you do not need to enter a file number.

2. Fill in the body.

· Enter your name in the first blank. Leave the date blank. The court will enter the date after the hearing.

· Enter the date of decedent’s death in the line at number 6.

· Check the applicable boxes based on the documents you have available at number 8.

· Check the applicable box based on the current status of the will at number 9.

· Check the applicable boxes based on what the will says at number 15.

· Check the applicable boxes based on decedent’s surviving family at number 18. “Issue” has a legal meaning: lineal descendants. List any exceptions to the third check box item.

3. Enter the name of the county worker who is the petitioner and will be the personal representative of decedent’s estate in number 3 in the “It Is Ordered” section.

4. Submit this document to the court without dating or signing. The judge will sign the document once the court approves it.