[WSBAPT] "Petition for Instructions" or "Motion for Order Instructing PR"

James W. Spencer jamess at brothershenderson.com
Wed May 5 15:39:42 PDT 2021


Greetings Hivemind:

I lump this into stuff that probably doesn't matter, but I thought it was worth asking what y'all thought about the name of the pleading we would use to ask the court to instruct a personal representative.

I know that "Petition for Instructions" seems to be our lexicon for this type of thing, but I hate using it as any reference in that "Petition" to the court's plenary authority under TEDRA may very well trigger the clerk to require a new TEDRA case number (and the associated filing fee) when all I want to do is file it in the underlying probate.

I am inclined to call it a Motion for Order Instructing PR instead.

I'm certainly overthinking this, but I thought it would be worth throwing out to everyone for their thoughts.

Thanks,
James

James W. Spencer
Attorney at Law
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