Official form guide
Part I: No. 35 Notice of Entry of a Caveat in a District Probate Registry is a court form used to lodge a caveat – a formal notice that someone claims an interest in a deceased person’s estate – with the local probate office. It is filed when you want to protect your claim while the probate process is underway.
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Form Overview
Part I: No. 35 Notice of Entry of a Caveat in a District Probate Registry is a court form used to lodge a caveat – a formal notice that someone claims an interest in a deceased person’s estate – with the local probate office. It is filed when you want to protect your claim while the probate process is underway.
Plain English
If you think you have a right to something in a will or estate, you file this notice to put a legal hold on the estate until your claim is resolved. The court then records your caveat and alerts the executor or administrator.
Submission Date
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Form selector
You are the executor of an estate
Required to obtain probate authority
✓ Verify you are the appointed executor first
Form No. 31 – Application for Grant of Probate
You are a creditor with a monetary claim
Used to lodge a monetary claim after probate is granted
✓ Check if a caveat is still needed
Form No. 36 – Claim Against Estate
You need to withdraw a previously lodged caveat
Cancels an existing caveat
✓ Ensure the original caveat number is referenced
Form No. 37 – Withdrawal of Caveat
There is no statutory deadline, but filing before the probate grant is issued is essential; otherwise the estate may be distributed without your caveat being considered.
Field map
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
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Fillable formOpen in Editor->The form is currently the 2024 version and remains in use; no major revisions have been announced this year.
Quick Facts
Form Details
Downloads & source
Mixing up ‘caveat’ with ‘claim against estate’ forms
Unclear whether a fee is required for every caveat
Assuming electronic submission is possible everywhere
Not knowing which District Probate Registry to use
Leaving the ‘grounds for caveat’ section vague
Forgetting to attach supporting documents
Using abbreviations that the court cannot interpret
Source transparency
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