how to file petition county attorney

1. Decide what court you need to use. For most cases, you'll likely use the county court in the county where you live.
2. Gather information about the dispute you want to bring before the court. ...
3. Find the correct form for the type of petition you want to file. Most courts have forms available for many common types of cases.
4. Fill out your forms completely. Read through the forms before you start providing information so you can make sure you understand what is being asked in each section of ...
5. Print and sign your forms. Print out forms you've typed up on the computer before signing them. Use a blue or black ink pen for your signature.

Full Answer

How do you petition the court without an attorney?

Nov 03, 2019 · California Probate Code Section 4540 provides as follows: Subject to Section 4503, a petition may be filed under this part by any of the following persons: (a) The attorney-in-fact. (b) The principal. (c) The spouse of the principal. (d) A relative of the principal. (e) The conservator of the person or estate of the principal.

What forms are needed to petition the court to?

Nov 26, 2018 · The Petition and the Proposed Order can be obtained from the Attorney's Information Bureau: Attorney's Information Bureau King County Courthouse, 6th Floor 516 Third Avenue, Room C603 Seattle, WA 98104 206-622-1909 Fax: 206-622-2911 Email . To purchase copies of the court documents, you may contact the Superior Court Clerk's Office.

How do I file a motion in court without an attorney?

Send a copy to the attorney you are dismissing and to all the parties. Submit the following documents with your form filing in the order shown: Document Cover Sheet Document Separator Sheet (for Dismissal of Attorney) Notice of Dismissal of Attorney Document Separator Sheet (for Proof of Service By Mail) Proof of Service By Mail

How do you file a motion for a court order?

Nov 30, 2019 · A person filing a complaint without an attorney may be able to get assistance from the court. A plaintiff in that situation should find out if the relevant court has a court facilitator or an online self-help website for litigants without attorneys. A judge, however, cannot assist parties, and no court employee can give legal advice.

What is a petition in court?

A petition summarizes the circumstances leading to the court case. This means that a complaint must contain the name of the person filing the case and the person or people she is suing. In an injury case, for example, it must contain the basic facts that led to the harm she suffered at the hands of the defendant as well as a statement ...

What goes in a court petition?

What Goes in a Petition? Individuals drafting a court petition should keep in mind that the purpose of the document is to advise the other party of the basic facts of the case. In order to do that, a petitioner must include the core facts and dates and must sign and date the petition.

What is a petitioner called?

In the United States, the terms "petition" and "complaint" are often used interchangeably. The person filing the petition is called the plaintiff or petitioner, and the other party is termed the defendant or respondent. Generally, a plaintiff files a petition or complaint when he feels that he has been wronged in some way by ...

What is the opening document of a divorce?

However, a petition can also serve as the opening document in a divorce, bankruptcy or probate filing. A complaint contains an outline of the facts of the case. It usually must be accompanied by a summons, notifying the defendant of when the response is due. Together these opening case documents provide the defendant with notice of the lawsuit.

What should be included in a divorce petition?

If the petition is for a divorce, it should include the names of the spouses, the date of the marriage, the date of the separation, the names and ages of the children as well as the fact that the petitioner seeks a divorce. Once the summons and petition are prepared, the petitioner must file them with the court and see that a copy is personally ...

What is the difference between a complaint and a petition?

What Is the Difference Between a Complaint & a Petition? The initial document a person must file to begin a legal case is called a complaint or petition. In many states, it is possible for a lay person to fill out the court form herself without hiring an attorney.

Can a person file a complaint without an attorney?

A person filing a complaint without an attorney may be able to get assistance from the court. A plaintiff in that situation should find out if the relevant court has a court facilitator or an online self-help website for litigants without attorneys. A judge, however, cannot assist parties, and no court employee can give legal advice.

How to get a second copy of a petition?

Take the form and fee to the clerk’s office. Give it to them and ask them to stamp a second copy for your records. This stamp will show the date and time you filed the petition to ensure you met any requirements of the state. When you take this step, you may also have to file a bond with the court.

What happens when you file a probate petition?

Once the petition for probate is filed with the court, a hearing may be scheduled where the court will approve a chosen executor or appoint someone to act on behalf of the estate. However, nothing else can be done until the petition is filed.

What happens when a loved one dies?

When a loved one dies, you must distribute their assets as directed by the will. If no will is found, you must follow state law. Either way, you’ll need to file the will with the county court as well as a petition to open probate. The Need for Probate of an Estate. Probate is a legal process where the court oversees the dispersal ...

What is the first step to take when someone dies?

The first step which must be done when someone dies is to find the will and file it with the court. It doesn’t matter if the estate must go through probate. If a will exists, it must be presented to the court when the person dies. To file the will, you will submit it to the court in the county where the person lived.

What happens if no one is named in a will?

If no one was named in the will or no will exists, someone can offer to act as the personal representative. In either case, the court must accept the request. If you don’t live in the state where probate must take place, you’ll need to find out whether you can act as executor.

Who can talk to an estate attorney about probate?

Anyone who is the executor of an estate or the personal representative can talk to an estate attorney to find out if their estate must go through probate. What It Means to File a Petition for Probate. If it’s determined that the estate must go through probate, you’ll need to file a petition for probate to be opened.

Can an affidavit be used in place of probate?

In other cases, an affidavit may be used in place of probate. For other estates, they must go through probate before the heirs can receive ownership of the assets.