The Opening Phase: What Happens First
The opening phase of probate begins quietly and often invisibly.
Despite common assumptions, probate does not start the moment someone passes away, nor does it begin when paperwork is signed or lawyers are contacted. It begins when the court is formally asked to recognize authority.
This distinction matters because much of the early frustration in probate comes from expecting visible action before legal standing exists.
Death Does Not Equal Authority
At death, nothing automatically transfers.
No one has legal power to sell property, access accounts, or make binding decisions for the estate until the court issues authority.
During this period:
Assets remain frozen or restricted
Financial institutions will not release information
Real estate activity cannot proceed
Professional advisors are limited in what they can do
This is not a delay. The system is waiting for verification.
What Actually Happens First
The opening phase focuses on establishing jurisdiction and authority, not action.
This includes:
Determining whether probate is required
Identifying the proper court
Filing the initial petition
Notifying interested parties as required by law
Until these steps are completed and approved, the estate exists in a legal holding pattern.
Why Early Silence Feels Like Inaction
Families often describe the opening phase as “nothing happening.”
In reality, groundwork is being laid that cannot be rushed or skipped.
Courts must:
Confirm the correct venue
Verify the proposed Personal Representative
Ensure notice requirements are met
Protect the estate from premature action
Skipping or mishandling this phase creates problems later that are far more costly than waiting now.
What Should Not Happen Yet
During the opening phase:
Property should not be marketed
Accounts should not be accessed improperly
Informal distributions should not occur
Verbal agreements should not be relied upon
Well-intended actions taken too early often trigger objections, audits, or personal liability for the Personal Representative.
Why This Phase Sets the Tone
The opening phase determines:
How smoothly authority is granted
Whether future actions will be questioned
How much court oversight will follow
How confident will third parties be later
Mistakes here do not disappear. They echo through the entire probate.
What Personal Representatives Should Know
Feeling unproductive during this stage is normal.
The role at this point is not execution. It is preparation.
Those who understand this phase:
Avoid unnecessary pressure
Resist bad advice
Prevent early missteps
Position the estate for cleaner administration later
Closing Perspective
Probate does not begin with action.
It begins with permission.
Understanding the opening phase allows families to stop fighting the system and start working within it. When authority is established correctly at the start, everything that follows becomes more predictable, more stable, and far less stressful.