En caso haya testamento, se dice Petition for probate of Will and Letters Testamentary. En caso no haya un testamento se dice: Petition for Letters of Administration: vea a continuacion, del estado de Illinois, EEUU

the probate process may begin with the filing of a "Petition for Letters of Administration" (for intestate estates) or a "Petition for Probate of Will and for Letters Testamentary" (for testate estates) in the county where the decedent resided. The Petition is filed by the person seeking to act as, or appoint, the representative. A filing fee is paid, court date is set and several other required documents must be prepared and filed (inlcluding an affidavit of heirship and the oath & bond of the representative). Unless a qualified designated executor files the Petition, or unless waivers are obtained, prior notice of the court date must be given to the decedent's legal heirs.

At the initial court appearance to open the estate, the probate judge reviews the paperwork to ensure that all necessary documents have been properly filed and all disclosures and notices have been given. If there is a Will, the judge reviews the Will to determine whether it appears to comply with the statutory requirements for a validly executed Will. If everything is in order and there are no objections, the judge will enter an Order opening the estate, appointing the representative and ordering "Letters of Office" to issue. Letters of Office is the (one page) court-sealed document that serves to notify third parties holding a decedent's assets that a person has died and a representative has been appointed to act on behalf of the estate for all matters. Without this document, assets titled in a decedent's sole name cannot be accessed (unless a small estate affidavit is able to be used).