Which document is typically necessary for someone to initiate a probate process?

To initiate the probate process, the document that is typically required is the last will and testament. This document serves as the legal record of the deceased individual's wishes regarding the distribution of their estate after death. It outlines how assets should be allocated, who will be responsible for managing the estate (the executor), and any specific instructions the deceased had for handling their affairs.

The probate process involves validating this will in court, ensuring that it meets legal standards, and allowing the executor to carry out the instructions within it. Without a valid will, the estate may be subject to intestacy laws, which dictate how assets are distributed without the deceased's wishes being formally expressed.

Other documents like a power of attorney relate to decision-making during a person's lifetime and would not be relevant once they have passed away. A living trust can help avoid probate but isn't what formally initiates the probate process itself, as it functions differently in estate management. An affidavit might come into play during the probate process but is not the fundamental document necessary to start it. Therefore, the last will and testament is essential for initiating the probate process.