By the Templateez Team · Licensed Attorney · June 2026

Estate Probate Paralegal Intake Forms: What to Gather Before the First Court Filing

The executor walks in with a death certificate, a copy of the will, and a vague sense that there are bank accounts somewhere. That is roughly half of what a probate paralegal needs to file the petition, and about a quarter of what the court will eventually require before the estate can close. Everything the paralegal fails to gather at the first meeting becomes a phone call, a follow-up letter, and a delay — and in probate, delays have consequences because creditor deadlines, tax filing deadlines, and distribution timelines all run from the date of death, not from the date the attorney got around to asking for the information.

A probate paralegal intake form is the procedural backbone of the case. It captures the data that populates the petition for probate, the inventory, the accounting, the creditor notice, and the tax returns. Every field on the intake form corresponds to a line on a court filing or a tax form. Miss a field at intake, and you are chasing it down three months later when the filing deadline is next week.

Decedent information: the foundation of every filing

The petition for probate requires specific facts about the decedent. Your intake must capture every one of them in the format the court expects:

• Full legal name — including all variations, maiden names, and names used on deeds, accounts, and legal documents. The petition must identify the decedent precisely, and if assets are titled in different name variations, the court may require an affidavit of identity.
• Date of death — this is the anchor for every deadline in probate. Creditor claim periods, tax filing deadlines, and the nine-month estate tax return due date all run from this date.
• Domicile at death — the state and county of domicile determine which court has jurisdiction. If the decedent owned real property in other states, ancillary probate may be required in each of those jurisdictions.
• Social Security number — required for the estate's EIN application, the decedent's final income tax return, and the estate tax return if one is required.
• Marital status at death — married, widowed, divorced, or never married. This determines surviving spouse elective share rights and affects the estate tax exemption portability election. The estate planning intake form captures these same details prospectively — the probate paralegal captures them retrospectively, after the plan has been put to the test.

Fiduciary identification: who has authority to act

The person sitting across from you may or may not be the right fiduciary. Your intake needs to verify their status:

• Named executor or personal representative — who does the will designate? If the named executor has predeceased, is incapacitated, or declines to serve, the successor executor provision controls. If there is no will, the state's intestacy statute determines the appointment priority for administrator.
• Bond requirement — does the will waive bond? If not, the fiduciary must obtain a surety bond, which requires a credit check and premium payment. Some states allow the court to waive bond if all beneficiaries consent in writing.
• Letters testamentary or letters of administration — note whether these have been issued yet. The fiduciary has no legal authority to act on behalf of the estate until the court issues them.
• Co-fiduciaries — if the will names co-executors, identify both and note whether they can act independently or must act jointly. Joint action requirements mean every document needs two signatures, and any disagreement between co-executors becomes the attorney's problem.

Governing instruments: originals, not copies

At intake, you need the original will and every amendment. Most states require the original will to be filed with the court. A copy raises a presumption of revocation in many jurisdictions.

• Will — date of execution, number of pages, witnesses, and notarization. Self-proving affidavit or not. If the will is not self-proving, you will need to locate witnesses for testimony.
• Codicils — any amendments to the will, with dates and execution details.
• Revocable trust — if the decedent had a pour-over will directing assets into a trust, the trust document is part of the administration picture even though trust assets generally avoid probate. The trust and estate administration intake form handles the trust-side details that run parallel to the probate proceeding.
• Prior wills — if the decedent executed earlier wills, they should be identified. Prior wills that were not properly revoked can create will contests.

Heirs and beneficiaries: every interested party

The court requires a list of all interested parties — everyone who would inherit under the will or under intestacy:

• Named beneficiaries — full name, address, relationship to decedent, and their designated share. If any beneficiary has predeceased, the anti-lapse statute may redirect their share.
• Intestate heirs — even with a will, identify the heirs who would inherit under intestacy. These are the people with standing to contest.
• Minor beneficiaries — anyone under 18 requires a guardian ad litem or UTMA custodianship. Document age and potential custodian at intake.
• Missing or unknown heirs — flag immediately so the diligent search can begin. Courts require proof of search effort before allowing distribution without locating an heir.

Asset inventory: the paralegal's core deliverable

The inventory filing is one of the most labor-intensive probate filings, and it starts at intake:

• Real property — address, how title was held (sole, joint tenants, tenants in common, trust, life estate), estimated value, and mortgage balance.
• Financial accounts — bank accounts, brokerage accounts, CDs, money market accounts. Institution, account number, approximate balance, and TOD/POD designations.
• Retirement accounts — 401(k), IRA, Roth IRA, pension, annuity. These pass by beneficiary designation, not through probate, but have income tax implications the estate must manage.
• Life insurance — carrier, policy number, death benefit, and named beneficiaries. Generally not part of the probate estate unless the estate itself is named as beneficiary.
• Vehicles and titled property — make, model, year, VIN, estimated value.
• Business interests — any ownership in a corporation, LLC, partnership, or sole proprietorship. These often require formal appraisal.

Debts and creditor deadlines

The estate is responsible for the decedent's debts, and the fiduciary must notify creditors:

• Known debts — mortgages, car loans, credit cards, medical bills, personal loans, and tax obligations. Creditor name, account number, and approximate balance for each.
• Publication notice — most states require notice to creditors by newspaper publication. The claim period (typically three to six months) must be calendared at intake.
• Known creditor notice — creditors whose identity is known must receive actual notice by mail. Elder law matters often surface Medicaid liens and long-term care obligations that become creditor claims in probate.

Tax deadlines the executor doesn't know about

Most executors know about the final income tax return. Few know about Form 1041, Form 706, or the state inheritance tax return:

• Final income tax return — due April 15 of the year following death.
• Estate income tax (Form 1041) — required if the estate generates more than $600 in income during administration.
• Federal estate tax (Form 706) — required if the gross estate exceeds the federal exemption. Even sub-threshold estates should consider filing for portability.
• State estate or inheritance tax — twelve states and D.C. impose an estate tax; six impose an inheritance tax. Exemption thresholds vary from $1 million to the federal amount. Your intake must identify the domicile state and any states where the decedent owned property.

Why intake drives the entire probate file

A probate case is a series of court filings and tax returns, each built on the same underlying data. The petition draws from decedent information and fiduciary identification. The inventory draws from assets. The accounting draws from both. The tax returns draw from all of it. Every piece of data captured at intake feeds directly into a filing with a hard deadline.

The paralegal who gathers complete information at the first meeting saves the firm dozens of follow-up calls, avoids the missed deadlines that trigger court sanctions or tax penalties, and gives the supervising attorney a file that is ready for legal analysis rather than data collection.