Who Can Initiate Probate?When a loved one dies and probate is necessary, what happens? Who begins the process, and how? If there is a will, whoever has custody of the will should first deposit the will with the probate court in the county where the decedent lived. This is supposed to be done within 30 days of the decedent’s death. It's best to call Irvine Probate Law to get help Initiating Probate.