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Seven Examples of Prayers in a Petition

By August 5, 2025October 30th, 2025No Comments
prayers in a petition

Table of Contents

Key Takeaways

  • In California probate and trust litigation, the “prayer” is the section of the petition that outlines the specific relief or damages the petitioner is seeking from the court.
  • Common prayers include: requests for attorney’s fees, damages, and orders to return property that has been wrongfully taken from a trust or estate.
  • The prayer must align with the legal causes of action stated earlier in the petition.
  • The Grossman Law Firm assists beneficiaries and heirs throughout California in preparing, filing, and litigating petitions to protect their inheritance rights.

Understanding the “Prayer” in a Petition

When a beneficiary or heir files probate litigation or trust litigation in California, the process begins with a petition (or a complaint, if filed in civil court). This document outlines the petitioner’s claims and the legal basis for those claims under the California Probate Code.

The last section of the petition is called the “prayer.” Despite the name, it’s not a religious document—it’s a formal legal request. The prayer tells the court exactly what outcome the petitioner wants—such as monetary damages, removal of a trustee, or the return of stolen assets.

Seven Common Examples of Prayers in California Trust or Estate Petitions

Below are seven examples of how prayers are typically written or requested in California probate or trust litigation matters:

  1. Attorney’s Fees and Costs: The petitioner may request that the court order the opposing party (such as a trustee or executor) to pay attorney’s fees and court costs. It is common when the other party acts in bad faith or causes unnecessary litigation.
  2. Double Damages (California Probate Code §859): If someone wrongfully takes, conceals, or disposes of estate or trust property, California law allows the court to impose double damages as a penalty. This prayer seeks compensation for the loss and additional damages meant to deter misconduct.
  3. Return of Wrongfully Taken Assets: A petitioner may ask for a court order compelling the respondent—whether a trustee, executor, or third party—to return assets that belong to the trust or estate. It is one of the most direct ways to recover property that has been misappropriated.
  4. Judgment in Favor of the Petitioner: The prayer often includes a general request that the court issue a judgment in favor of the petitioner on all causes of action. This broad statement covers every legal claim included in the petition.
  5. Punitive Damages: When the opposing party acted with fraud, malice, or oppression, the petitioner can request punitive damages to punish the wrongdoing and discourage similar behavior in the future.
  6. Actual (Compensatory) Damages: These damages are meant to reimburse the petitioner for measurable financial harm caused by the respondent’s misconduct—such as lost income, diminished estate value, or legal expenses incurred due to delay or mismanagement.
  7. Other Relief the Court Deems Fair and Proper: Finally, most petitions include a “catch-all” prayer that asks the court for any other relief it finds fair and appropriate. It gives the judge flexibility to fashion an equitable remedy that fits the case.

Why the Prayer Section Matters

The prayer section may seem simple, but it’s crucial. Without a properly written prayer, the court might not be able to grant certain types of relief—even if the petitioner proves their case.

For example, if you forget to include a request for double damages under Probate Code § 859, the court may be unable to award them later. Likewise, a vague or inconsistent prayer can weaken your position in settlement negotiations or at trial.

Because of this, working with an experienced California trust and probate litigation attorney ensures that your petition accurately states every form of relief you’re entitled to seek.

What to Do if You Suspect Misconduct or Theft

If you believe that a trustee, executor, or someone else has taken assets from an estate or trust, time is critical. The longer you wait, the harder it can be to recover property or prove wrongdoing.

You may need to:

  • Gather financial records or account statements.
  • File a petition under California Probate Code §850 to recover assets.
  • Seek double damages for bad-faith takings under Probate Code §859.

For more details, read our related article:

What Should I Do If I Suspect an Executor Is Stealing From a California Probate Estate?

Related Resources 

FAQ

What is the purpose of a prayer in a petition?

The prayer tells the court what remedies or relief the petitioner is seeking—such as damages, property return, or removal of a fiduciary.

Can the court grant something not listed in the prayer?

Usually not. California courts can only grant relief that has been requested in the petition. This is unless the parties agree otherwise or the pleadings imply the relief.

Do I need an attorney to write a petition prayer?

While it’s technically possible to write one yourself, mistakes can limit what the court can award. An experienced probate or trust litigation attorney ensures that your prayer aligns with your claims and meets California legal standards.

Do modern pleadings still use the term “prayer”?

Yes. Although the term may sound traditional, it remains the standard legal term. The term is used in both civil and probate pleadings in California.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we assist beneficiaries and heirs throughout California in enforcing their rights in probate and trust litigation. Whether you need to file a petition, recover assets, or respond to a trustee’s misconduct, The Grossman Law Firm is here to guide you through each step of the process.

Call (888) 443-6590 or complete our Get Help Now form.

Our Intake Specialists can evaluate your case to assess your situation at no cost to you.

Our team schedules qualifying cases for a Free Phone Consultation with Attorney Scott Grossman.

Originally Published: November 5, 2018