How to Request Instructions From Probate Court
- 1). Gather all the documents that support the action you are proposing to take. For example, an executor of an estate would need the will and trust of the decedent and records of the existing estate property (e.g. deeds and bank statements) to support how he intends to distribute the estate assets. In a guardianship case, the guardian would need documents that support the decision to enroll the child in a particular school or perhaps to move the child to another city to further her education.
- 2). Gather all documents and information regarding an objection to your proposed course of action. In some cases, a person making the objection will make a formal filing with the probate court stating his objection, in which case the objection has been documented for you. In other cases, you may have received a letter, e-mail or some other writing that indicates someone will dispute the propriety of your actions. You will use this writing as part of your support for requesting instructions.
- 3). Prepare a draft of your request for instructions that you intend to file with the probate court and send it to all beneficiaries and persons interested in the proceedings. Ask all those beneficiaries and interested persons who agree with your course of action to sign a waiver of objections to the action. These waivers will be filed with the court in support of your request.
- 4). Contact the clerk's office for the probate court and inquire about the forms needed for requesting instructions from the court. Common procedures like this one usually have standardized, fillable forms available for use along with instructions on how to use the forms to prepare them for filing with the court.
- 5). Prepare and file the court forms with the clerk of court. You should receive a hearing date from the clerk indicating when the probate court will consider and rule on your request for instructions. Mail a copy of all documents you filed with the clerk, along with notice of the hearing date, to all beneficiaries, interested persons and any person who will object to your proposed course of action.
- 6). Attend the court hearing set by the clerk. Be prepared to answer the judge's questions about your request and to respond to any objections made at the hearing. At the conclusion of the hearing, the judge will instruct you on what action to take.
