What legal forms would I use to get a court order to have inheritance funds released?

I had a relative who recently passed away and left me with an inheritance. The funds were left placed the county’s missing heir fund. The count informed that I should file a court order to have the funds released. Which legal forms would I need to file to do this?

Asked on August 26, 2011 California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What they means is that you should request that the court issue an order to release the funds and file it with them.  Did they give you any idea in which court you are to do that?  Was the estate probated?  I would start there.  Requests of a Judge are generally made by what is known as a Motion.  The procedure, however, may be particular but given that you are not an attorney the courts are generally more lenient with the rules for those who are pro se (doing it themselves).  The clerks of the probate courts are generally very helpful.  Ask them if the Surrogate (the probate judge) can issue the order for you and what proof you need to submit to the court.  Otherwise, you may need an attorney's help.  Good luck. 

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