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A "Petitioner" is a person who brings a petition. They are kind of like a plaintiff in a civil suit. They are asking the court to do something, that is make an order effecting their, and potentially other persons, rights and property.

A "Respondent" is the person who (yup, you guessed it) responds to the petition. While similar to a defendant, the respondent is not necessarily adverse to the petitioner.

We use petitioner and respondent in Probate Court as the same person may be either a petitioner or respondent at different times in the proceeding.

For example, in California, a petitioner on a Petition for Probate is asking the court to appoint someone to manage the decedent's estate, generally called a personal representative and more particularly called an executor (will) or administrator (no will.) They might also ask the court to "admit" (think validate) the decedent's will to probate. The Petitioner normally is, but does not need to be, the person who will serve as the representative.

Now, lets say that a representative is already appointed by the probate court, and wants to sell a parcel of estate property. But one of the heirs objects.

The objecting brings a petition, called something like "Objection to Sale of Estate Property." The heir now becomes the petitioner and the representative, who needs to answer the petition, is the respondent.

Although this general answer is provided by an attorney, it should not be taken as legal advice regarding your particular situation and no attorney-client relationship is established. For help with your particular legal situation, please consult with an attorney.

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7y ago
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14y ago

Generally:

The petitioner is asking the court to approve the Will and appoint the executor if the decedent died testate. If the decedent died intestate (without a Will), the petitioner is asking the court to appoint an administrator to settle the estate.

The petitioner is usually the executor who is named in the Will but may also be the surviving spouse or child of the testator if an executor was not named or declines to serve. In that case the petitioner may ask that they be appointed or can ask the court to appoint another person.


The petitioner in an intestate estate must be a legally qualified person- someone who is an interested party.

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Q: What is the role of the petitioner in probate court?
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Related questions

How do you expunge civil records in the California courts?

You can't especially if it is not a criminal matter. Civil cases, (probate court) or the like become public record the day that they are filed with the court by the petitioner.


What is the role of the prosecuting attorney in probate court?

There is no prosecuting attorney in probate court as that term (prosecuting attorney) is commonly used. The common usage is that the prosecuting attorney is a government lawyer prosecuting violations of the criminal laws. The probate court is for civil matters involving estates only.


When was Court of Probate created?

Court of Probate was created in 1857.


When did Court of Probate end?

Court of Probate ended in 1875.


What kind of court administers wills?

Probate Court.


How can you go about filing a claim for your deceased wife estate?

Visit the probate court where she resided and inquire there.Visit the probate court where she resided and inquire there.Visit the probate court where she resided and inquire there.Visit the probate court where she resided and inquire there.


What powers does a petitioner have over a Last Will and Testament and can it be altered after the writer of the Will is deceased?

A Last Will and Testament is one of the most anciently honored legal documents known to humankind. Of course you cannot change a person's Will. The only entity that can change the provisions in a Will is a court with jurisdiction over probate matters. Courts rarely make changes to Wills. The only power the petitioner has is to petition the court to allow the Will and appoint the executor. The appointed executor has only the power to distribute the estate according to the provisions in the Will and the probate laws, under the supervision of the court. Altering a Will is against the law.


Where can you look up a will after presented to the probate court for allowance?

The probate court clerk will have the will on file.


What is the complaning party in the court case?

The plaintiff or petitioner.


Where can you find Estate Administration and Probate of the Estate forms?

You must obtain the forms from the court where the probate will be filed.You must obtain the forms from the court where the probate will be filed.You must obtain the forms from the court where the probate will be filed.You must obtain the forms from the court where the probate will be filed.


What can you do if you think that the probate of an estate has taken to long to settle?

File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.


Can a beneficiary ask what an estate is worth?

Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.