A formal written application filed with a court requesting specific relief or action. In probate contexts, used to request grants of probate, letters of administration, court approval for estate actions, or resolution of disputes. The petition sets out supporting facts, identifies interested parties, and specifies the relief sought. Must typically be served on interested parties who can object or respond.
A formal request you make to the court asking for something specific. In estate matters, you might petition the court to approve the will, appoint you as executor, authorize property sales, or resolve disputes. It's the official way to ask the court for permission or a decision—you can't just call; you need to file a petition with all required information and follow proper legal process.
⏱ When you'll encounter this term
- Applying for probate or letters of administration
- Seeking court approval for estate actions
- Resolving disputes between beneficiaries
- Requesting removal or appointment of an executor
- Seeking permission to sell estate property
"After Dad died, I filed a petition for probate with the court. The lawyer prepared the paperwork, we filed it, and two weeks later the court granted my petition and issued me probate so I could start administering the estate."
💡 Did you know?
Different types of estate petitions serve different purposes: petition for probate validates a will and appoints the executor, petition for letters of administration appoints an administrator when there's no will, and petition for instructions asks the court to resolve specific questions about estate administration. The petition you file depends on what you're asking the court to do.