Probate
Probate court primarily handles matters such as wills, estates, trust cases, conservatorships and guardianships, as well as the commitment of mentally ill persons to institutions designed to help them. In addition, the court may also deal with similar situations involving minors.
Probate Court
Probate Conservatorship
If a judge finds a person incompetent due to physical or mental limitations, a conservatorship may be established. The person who is incompetent is the “conservatee.” The person who manages the conservatee's affairs is the “conservator.” A conservator may manage the property, living arrangements, health care, daily activities, and financial affairs of the conservatee.
For more information visit: California Courts Seniors & Conservatorship Self-Help Information
Probate Guardianship
A probate guardianship is a court proceeding in which a judge gives custody of a child under the age of 18, or the child’s property, or both, to someone who is not the parent. The proceeding giving custody of a child to a non-parent caregiver is called a “Guardianship of the Person” and the proceeding giving the power to manage a child’s property is called a “Guardianship of the Estate.”
For more information and/or assistance filling out Guardianship paperwork you can contact the Colusa County Self-Help Center at (530) 458-0598 or visit California Courts Guardianship Self-Help Information.
Probate Descendant's Estate
A probate decedent's estate matter involves the transfer of property that belonged to someone who has died. Probate proceedings may be carried out by the court on small and large estates. Please consult an attorney, paralegal, or do some research at your local law library before filing.
Wills Lodged: Within 30 days after having knowledge of the death of a testator, the custodian shall present to the clerk of the court the original will to be lodged for safekeeping, unless a petition for probate of the will is earlier filed. (Probate Code Section 8200.)
California Courts Wills, Estates, and Probate Self-Help
Probate Trust
A probate trust matter involves the administration of the legal entities that hold property for another.
Where Can I Get Help?
Help is available either through contacting an attorney, Colusa County Self-Help Center at (530)458-0598 (Guardianships only) or through the Judicial Council self-help website www.courts.ca.gov
Frequently Asked Questions: Guardianships
Relatives, friends of the family, or other interested persons over the age of 18 may be considered as potential legal guardians.
A guardian of the person has full legal and physical custody of the child.
A guardian of the estate manages the child's income, money or other property.
A guardian has fundamentally the same responsibilities for a child as a parent. Those responsibilities include providing for the child’s:
- Food, clothing and shelter
- Safety and protection
- Physical and emotional growth
- Medical and dental care
- Education and any special needs
If a guardian of the estate is included, the guardian must also manage the child’s funds and assets until the child turns 18 and present periodic reports to the Court.
To become the legal guardian of a child, you must complete and file documents with the court along with a filing fee. You can obtain the form packet from the court, Colusa County Self-Help Center or go to the Judicial Council website: www.courtinfo.ca.gov/forms.
- Judicial Council self-help website www.courtinfo.ca.gov/selfhelp
- Colusa County Self-Help Center located at 547 Market Street, Colusa, CA 95932 (530)458-0598.
- Judicial Council pamphlet Guardianship Packet for Guardianships of Children in the Probate Court.
Yes, an appointed Court Investigator will do a full report that may include:
- A visit to the home where the child will live;
- Personal interviews with the child and the proposed guardian(s);
- A review of available documents such as medical or school records;
- Telephone interviews with the people involved to confirm information;
- A legal and criminal record check for history of neglect, abuse or criminal activity
The court may order a fee for the Court Investigator’s report based on the time required to conduct the investigation and ability to pay.
Will I be required to come to court after the guardianship is granted?
You are required to provide the court with the yearly Judicial Council form GC-251 Confidential Guardianship Status Report and may be required to attend yearly Progress Review hearings.
- The child turns 18; or
- The child dies; or
- The child is adopted; or
- The child’s assets are used up (for a guardianship of the estate); or
- A judge decides the guardianship is no longer necessary.
Frequently Asked Questions: Conservatorship
Conservatorship is a court process by which a person is appointed as a conservator to manage the personal care (person) or financial matters (estate), or both, of an individual (conservatee) that cannot handle his/her own affairs due to limitations caused by: (1) Aging, illness or other serious physical or cognitive impairments, either temporary or permanent (general probate conservatorship); or (2) Developmental disability, mental disorder or substance abuse (limited probate conservatorship).
Relatives, friends of the family, or other interested persons may be considered as potential conservators, in addition to some private or public agencies and organizations.
A conservator has fundamental responsibilities for a conservatee, including food, clothing, shelter, and medical and dental needs. If an estate is included, the conservator must also manage the conservatee’s funds and assets and present periodic reports to the Court.
A conservatorship petition and other required documents need to be filed by an interested party along with a filing fee. You can go to the Judicial Council website: www.courtinfo.ca.gov/forms.
Judicial Council's self-help website: www.courtinfo.ca.gov/selfhelp
Yes, an appointed Court Investigator will conduct an investigation that may include:
- A private interview with the proposed conservatee and spouse or other relatives;
- An interview with the proposed conservator;
- A review the information provided by the proposed conservator;
- An explanation to the conservatee the nature of the proceedings;
- Preparation of a report on the findings of the investigation and make a recommendation to the judge.
The court may order you to pay a fee for the Court Investigator’s report based on the time required to conduct the investigation.
A Court Investigator will conduct interviews and prepare a report for yearly review hearings that you will be required to attend. There may be yearly report fees based on the time required by the investigator. If the conservatorship is also for the estate, you will also be required to provide yearly accounts to the court.
The Court may terminate a conservatorship in a number of different ways, including the death of the conservatee, the return of the conservatee’s ability to handle his/her own affairs or removal of a conservator for specific reasons which are in a conservatee’s best interests. In certain instances, a successor conservator may be appointed.