Probate Self-Help Packets
Self-Help form packets generally include a group of fillable forms that are required to be completed in order to either begin or complete a case.
Conservatorship
A conservatorship is a court case in which a judge appoints a family member, friend or other responsible person (called a conservator) to care for another adult who cannot care for him or herself (called a conservatee).
Once you are appointed conservator, you are legally responsible to provide care for the conservatee’s daily needs. For more information on Conservatorship, see the Conservatorship Page.
| Form Packet Name | Description | Form Links | Resources |
|---|---|---|---|
| Conservatorship - General | For adults who are unable to provide for their personal needs due to physical injury or disability or other reasons rendering them incapable of caring for themselves. | English | Video: Intro to Conservatorship Complete forms Online (external site) |
| Conservatorship - Dementia | For adults who are unable to provide for their personal needs and/or managing their assets and finances due to dementia or other neurocognitive conditions. | English | Video: Intro to Conservatorship Complete forms Online (external site) |
| Conservatorship - Limited | This is only for a person who is developmentally disabled. In this type of conservatorship, the powers of the conservator are limited so that the disabled person may live as independently as possible. | English | Video: Intro to Conservatorship Complete forms Online (external site) |
| Fee Waiver – Conservatorship | If a person can’t afford to pay the court costs and fees. | English |
Guardianship
A guardianship is a court case in which a person who is not the parent of a child asks for custody of the child, the power to manage the child’s property, or both.
There are two types of guardianships. Most cases go to the Probate Court. But if the child is a dependent or ward of the juvenile court, guardianship must be decided in Juvenile Court. For more information on Guardianship, see the Guardianship Page.
| Form Packet Name | Description | Form Links | Resources |
|---|---|---|---|
| Guardianship – General | Packet to obtain permanent or long-term orders. | English | Complete Forms Online (external site) |
| Guardianship - Temporary | Packet to obtain emergency orders. A general guardianship petition packet must be filed at the same time as the temporary packet. | English | Complete Forms Online (external site) |
| Fee Waiver – Guardianship | If a person can’t afford to pay the court costs and fees. | English |
Decedents' Estate
Procedures that can be used to manage the assets and debts of a decedent, and / or to obtain authority to distribute the assets to those entitled to receive them. For more information on Decedent’s estate, see the Estates Wills & Trusts Page.
| Procedure Name | Wait Period | Limitations |
|---|---|---|
| Transfer of Mobile home (HCD/DMV) | 40 Days | Only available for manufactured home, mobile home, commercial coach, truck camper, or floating home registered with the Department of Housing and Community Development |
| Transfer of Vehicle / Vessel (DMV) | 40 Days | Only available for vehicles and vessels registered with the DMV |
| Declaration for Collection or Transfer of Small Estate | 40 Days |
Personal Property Only Ex. Bank Accounts, Stocks or money |
| Form Packet Name | Max Gross Value Based on Date of Death | Wait Period | Limitations | |
|---|---|---|---|---|
| Affidavit Re: Real Property of Small Value | On/before 4/1/2022: | $55,425 | 6 months | Real Property Only |
| 4/1/2022–3/31/2025: | $61,250 | |||
| On/After 4/1/2025: | $69,625 | |||
| Petition to Determine Succession to Primary Residence | On/before 4/1/2022: | $166,250 | 40 Days |
Real Property Only Can only be used for the deceased person's primary residence in California. |
| 4/1/2022–3/31/2025: | $184,500 | |||
| On/After 4/1/2025: | $750,000 | |||
| Spousal Property Petition | No Limit | None |
Personal, Real, or Both May only be used for property passing to a spouse or registered domestic partner
|
|
| No Limit | None | Personal, Real, or Both | ||
Additional Resources
| Name | Description | Resources |
|---|---|---|
| Checking Probate Notes | Probate notes provide a brief summary of your matter along with any errors and/or deficiencies regarding the paperwork you filed for an upcoming hearing. | |
| After Hearing Flowchart (Petition for Probate Only) | Outlines the key steps a person must take after being appointed. |
Elder/ Dependent Abuse
An elder or dependent adult abuse restraining order applies to a person seeking a protective order who falls within the definition of an elder or dependent adult.
Abuse of an elder or a dependent adult is abuse of:
- Someone 65 years old or older; or
- A dependent adult, who is someone between 18 and 64 that has certain mental or physical disabilities that keep him or her from being able to do normal activities or protect himself or herself.
The law says elder or dependent adult abuse is:
- Physical abuse, neglect, financial abuse, abandonment, isolation, abduction (taking the person out of the state against his or her will), or other behavior that causes physical harm, pain, or mental suffering; OR
- Deprivation by a caregiver of things or services that the elder or dependent adult needs to avoid physical harm or mental suffering.
For more information on Elder Abuse, see the Elder Abuse Page.
| Form Packet Name | Description | Form Links | Resources |
|---|---|---|---|
| Request for Elder Abuse or Dependent Adult Abuse Restraining Order | Restraining order is a court order that helps protect Dependent Adult or someone who is 65 years or older from abuse or threats of abuse | English | Complete Forms Online (external site) |
| Response to Request for Elder or Dependent Adult Abuse Restraining Orders | Answer (respond) Restraining order is a court order that helps protect Dependent Adult or someone who is 65 years or older from abuse or threats of abuse | English | Complete Forms Online (external site) |