How a probate conservatorship works in Orange County, step by step
A probate conservatorship follows the same basic path in every California county, with local rules on top. Here is what Orange County families can expect, in order.
Before filing
Decide whether you need a conservatorship of the person, the estate, or both, and who should serve. The court strongly prefers a responsible family member when one is available. Gather medical information, a list of assets and income, and contact details for close relatives, because the petition must list them.
The petition
The petition uses Judicial Council forms and explains why a conservatorship is needed and why less restrictive alternatives will not work. If you ask for authority over medical decisions or dementia placement, a capacity declaration from a doctor or psychologist is required. Proposed conservators also complete forms acknowledging their duties.
Service and notice
The proposed conservatee must be personally served with the petition and a citation at least 15 days before the hearing. Relatives listed in the petition receive notice by mail. Skipping or rushing this step is one of the most common reasons hearings get continued.
The court investigator
A court investigator interviews the proposed conservatee, usually in person, explains their rights, and asks whether they object or want a lawyer. The investigator may also talk with family and the proposed conservator. The investigator's report goes to the judge before the hearing, and the court can appoint an attorney for the proposed conservatee.
Probate notes
Before the hearing, the court's probate examiners review the file and post notes listing anything missing or defective. Checking these notes and clearing them in advance can make the difference between a granted petition and a continuance.
The hearing
The judge decides whether to grant the conservatorship, appoints the conservator, sets the powers, and decides whether a bond is required for a conservator of the estate. If no one objects, the hearing is often short.
After appointment
- The conservator receives letters of conservatorship, the document that proves their authority.
- A conservator of the estate files an inventory and appraisal within 90 days and periodic accountings, with the first generally due one year after appointment.
- The court investigator reviews the case periodically.
- Major decisions, such as selling the conservatee's home, require court approval.
Most of the trouble in conservatorships happens after appointment, when deadlines are missed. Calendar every due date from the day letters issue.