What is the role of the petitioner in probate court?

Answer 1

In probate court, the petitioner is the individual who initiates the probate process by submitting a petition to the court. The petitioner is typically a family member, beneficiary, or executor of the deceased person's estate. Their role is to formally request the court to open the probate case, appoint a personal representative (executor or administrator), and oversee the distribution of the deceased person's assets according to the will or state law.

Answer 2

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.

Answer 3

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.