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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118799
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hi there, I spoke with you earlier in regards XXXXX XXXXX sensitive

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Hi there, I spoke with you earlier in regards XXXXX XXXXX sensitive case. Can you please advise me to the title of the correct document I would need to file with the circuit court duty judge in order to gain an appointment for the request of a private autopsy and exhumation? I have researched and inquired at the clerk's office, and they have no clue of how to file for this. Undoubtedly, there is no standard form for this. Thanks
Thank you for your response.

The document you have to file is a petition/complaint for exhumation and it is like any other type of lawsuit and you would need to explain the exact reason to the court for the exhumation and it would be filed "In Re the Estate of Deceased's Name." In the suit you are asking the court for an order approving exhumation.

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Customer: replied 4 years ago.

Please forgive my ignorance, but I have researched the available documents for court entry, and there is not one for petition/complaint for exhumation. Is it possible for you to provide the technical/legal term for the form I would use? (i.e. I have seen Capias, Notice for judgment of order, Notice Regarding Estate of.., Affidavit for Estate of..). I would greatly appreciate a little clarification for those of us unfamiliar with the process. I have tried to get local legal help and get repeatedly turned away with the response "they don't know how to file for this."

I understand you have searched available court documents, but unfortunately most complaints or petitions filed with courts are what they call "non-standard" petitions and the practice of law is not done by preprinted forms, it is done by attorneys actually drafting complaints from scratch in most all cases. There is no real pre-printed form for this. You have to draft your petition for court order from scratch and have to ask the court for what you want and you will not find a pre-printed form for it I am sorry to say.

Why you cannot get a local estate/probate law attorney to assist with filing a petition to the court to exhume the body I do not know, but that is the type of attorney who would handle such as case locally.
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Customer: replied 4 years ago.

For the record, I have tried a probate lawyer. But there are a whole bunch of folks that wish I would just go away than to open this can of worms.

You might end up having to get a probate attorney from outside of your particular county as they would not have any political interests in this matter, but that is going to be your best bet because they will have to draft this request to the court from scratch.