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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  
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  
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  
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.

Form Packet Name Description Form Links Resources
Petition for Probate This petition is to have a person appointed to manage a deceased’s estate and distribute and/or transfer the assets to the deceased’s beneficiaries or legal heirs. English Publishing Notice of Petition to Administer Estate
Spousal Property Petition This petition is to transfer or confirm real and personal property of the deceased to a surviving spouse.  English  
Petition to Determine Succession

This petition is used to determine and transfer the decedent’s assets to his/her legal heirs.  This petition can only be used if all of the decedent’s real and personal property is valued less than

  • $166,250, if date of death was before April 1st, 2022
  • $184,500, if death of death was after April 1st, 2022

and all legal heirs sign the petition.

English  
Affidavit Re: Real Property of Small Value

This petition is used to transfer only real property of the decedent to the legal heirs.  This petition can only be used if all of the decedent’s real property is valued less than

  • $55,425,if date of death was before April 1st, 2022
  • $61,250, if death of death was after April 1st, 2022

and all legal heirs sign the petition.

English  
Declaration for Collection or Transfer of Small Estate without Administration Under Probate Code 13101 A non-court procedure for personal property only. English  

Elder/ Dependent Abuse

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   Complete Forms Online (external site)