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By: Scott Grossman on July 7th, 2025

Seven Examples of Prayers in a Petition

Table of Contents

  • Key Takeaways
  • What Is a Prayer in a Petition?
  • Seven Common Examples in California Probate Litigation
  • When to Consider Legal Action
  • Learn More About Probate Litigation
  • How The Grossman Law Firm Can Help

Key Takeaways

  • A “prayer” is the formal request for relief at the end of a petition in a probate litigation case.
  • Prayers can include requests for damages, asset recovery, and attorney’s fees.
  • Understanding what to ask for can strengthen your petition and protect your interests.

What Is a Prayer in a Petition?

In probate or trust litigation, a petition begins the lawsuit by outlining the facts and legal claims. The final part of this petition is called the “prayer,” where the petitioner formally asks the court for specific relief.

While the term may sound religious, in legal proceedings it simply refers to the request a party makes—such as the return of assets, payment of damages, or the removal of a trustee.

Whether you’re filing in probate court or civil court, crafting the right prayer is essential. It sets the scope of what the court can award.

Seven Common Examples in California Probate Litigation

Here are seven examples of prayers that frequently appear in probate litigation petitions:

  1. Attorney’s Fees and Costs
    The petitioner requests the court to order the opposing party to reimburse legal fees and litigation expenses.
  2. Double Damages
    Under California Probate Code §859, beneficiaries may seek double damages if someone wrongfully takes property from a trust or estate.
  3. Return of Wrongfully Taken Assets
    The petitioner asks the court to order the respondent to return property that was improperly removed from the estate or trust.
  4. Judgment on All Causes of Action
    This is a broad request for the court to rule in the petitioner’s favor on every legal claim in the petition.
  5. Punitive Damages
    In cases involving fraud, malice, or oppression, the petitioner may ask for additional damages meant to punish the wrongdoer.
  6. Actual Damages
    This refers to the quantifiable financial loss the petitioner suffered due to the wrongdoing.
  7. Any Other Relief the Court Deems Proper
    A general request that allows the judge to award relief not specifically listed but considered fair under the circumstances.

When to Consider Legal Action

A well-crafted prayer can strengthen your legal position, but it must be based on facts and supported by law. If you believe someone has:

  • Taken property from an estate or trust,
  • Breached their fiduciary duties as a trustee or executor
  • Acted unfairly to other heirs or beneficiaries

Then it may be time to speak to a probate litigation attorney.

If you suspect theft, you should act quickly. Read our article: Fiduciary Duties of Executors and Trustees in California

For a more detailed look at how trustees can violate their duties—and why that strengthens your case—read our guide: 20 Ways Your Trustee Can Be Breaching Their Fiduciary Duties

Learn More About Probate Litigation

To better understand the legal process and your rights, explore these resources from The Grossman Law Firm:

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we help beneficiaries, heirs, and fiduciaries across California pursue justice in probate and trust disputes. Whether you need to recover stolen assets, remove a trustee, or contest a will, our team can guide you through every step.

Call us at (888) 443-6590 or fill out our Get Help Now form.

Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.