Eighth Judicial Court Rules

Rule 4.40 – Petitions for probate of wills and/or codicils.

Rule 4.40. Petitions for probate of wills and/or codicils.

  • (a) When a petition for probate of a will and/or a codicil is filed and the original of the instrument being offered for probate is not already lodged with the clerk of the court, it must be lodged concurrently with the filing of the petition. If the instrument is holographic, a typewritten copy of the instrument must also accompany the petition. The caption must clearly indicate the nature of the petition filed; e.g., Petition for Probate of Will and for Issuance of Letters Testamentary; Petition for Probate of Will and for Issuance of Letters of Administration with the Will Annexed; Petition for Letters of Administration.

    (b) In addition to lodging the original instrument with the clerk of the court, copies of any documents offered for probate must be attached to the petition for examination by the probate commissioner.

          [Amended; effective September 2, 2014.]