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Probate is the court-supervised process of identifying and gathering a person's assets after their death, paying all of their debts, and distributing the balance to the rightful heirs or beneficiaries. If an estate exceeds $100,000.00, and if the assets are in the name of the deceased person, only, a probate will generally be required.

The amount of time it takes to administer a probate estate, and the cost of doing so will vary in each case. In a simple estate where property does not need to be sold, a probate can be completed in six months or less. If an estate is more complicated, or if the heirs or beneficiaries cannot work together, administration could take much longer. Fees paid to the attorney and the executor or administrator vary according to the value of each estate, and the amount of extra work each must do to close the estate. There are many situations where an estate does not require probate: estates not exceeding $100,000.00, estates in trust, and those cases where all of the estate passes to a surviving spouse. Even when probate is not required, however, some sort of legal process is often necessary. This is especially true when an estate owns an interest in real property. Legal counsel is recommended if you have any questions regarding estate matters.

Fees change occasionally; therefore, you should consult the Filing Fees.

Forms are available at the Judicial Council’s website.

Probate matters are filed in the Civil Division.

The regular Probate Calendar is held on Monday afternoons at 1:30 in Department 7, located on the 3rd floor of the Courthouse.

A legal guardianship is a formal decision by a judge that suspends parents' custody of their child and gives custody to a non-parent and gives an adult who is taking care of a child the formal authority to provide for the child's needs.

Guardianship matters are filed in the Civil Division.

Fees change occasionally; therefore, you should consult the Filing Fees.

Forms are available at the Judicial Council’s website.

A conservatorship is a legal proceeding in which an adult "conservator," or caretaker, is appointed by a judge to manage the affairs and to care for another adult "conservatee" whom the judge determines is unable to perform these tasks for themselves. There are two types of conservatorships: 1) a conservatorship of the person, and 2) a conservatorship of the estate. Conservators of the person ensure that the conservatee is properly fed, clothed, and housed. Conservators of the estate are responsible for managing the conservatee’s money and other property. It is possible for a conservator to be either of the person, of the estate, or both.

Conservatorship matters are filed in the Civil Division.

Fees change occasionally; therefore, you should consult the Filing Fees.

Forms are available at the Judicial Council’s website.