How to Request Instructions From Probate Court

When legal executors, guardians or conservators are given the responsibility of managing the property or personal needs of an individual or beneficiary it could be necessary for them to request instructions from probate court. This happens when an objection is made over the actions taken by the executor. This action could be filed by the beneficiary or another interested party. Requesting instructions from probate court can help the executor be protected against any wrong doing.

Things You'll Need:

• All the documents that support your proposed action


• All the documents that are objecting to your action


• Waivers of the objections


• A drafted request for the instructions


• The probate court forms

1. Collect all the necessary documents that support the action or proposed action of the executor. A prime example would be a will or trust and records regarding the estate property; in other words, any documents stating the intentions of the individual who put the executor or other responsible party in charge as well as any document that they are proposing as part of their role. For example, as a guardian of a child, you will need to produce documents supporting what education you have chosen for the child or a desire to move the child to another state.


2. Collect all the documents regarding any objection that has been issued regarding any action. Individuals making such an objection could make it through a formal filing in the probate court, stating why they object to the actions being done. If this is done, you will received formal documentation of the filing; this could be in the form of a letter or another form of correspondence that states that an objection has been filed against the actions being taken. These correspondences will also be important to have on hand along with the other documentation when filing for instructions from probate court.


3. Draft up the request for instructions from the probate court in the form of a letter and then send copies of the request to all interested parties in the proceedings including beneficiaries. If there are some that aren’t involved in the objection to the actions being taken, ask them to sign a waiver of objection which can be included with the letter. Make sure to inform them that these waivers are to be filed with the probate court, so if they don’t intend to file the waiver themselves, to please return it so that the waivers can be filed by you.


4. Visit or call the probate court’s clerk’s office to double check to insure that you have all the necessary forms to request the instructions from the probate court.


5. Fill out all the additional forms that the court will require to file with the probate court that will be provided by the court clerk. Upon completion of the form you will no doubt receive a hearing date and time from the clerk for your request of probate court instructions.


6. Sent out a copy of the document that was filed with the probate court clerk to all interested parties along with the hearing date and time.


7. Arrive on time in probate court on the day that was set by the court clerk. Answer any and all questions directed to you by the presiding judge about your request. The judge will then at the end of the hearing give you instructions on how to proceed from there regarding you request.