Order Appointing Probate Conservator

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Order Appointing Probate Conservator is a commonly used form within California. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

States the court's decision to appoint a conservator.

Atticus Fast Facts About Order Appointing Probate Conservator

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Order Appointing Probate Conservator:

• This form pertains to the State of California

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about California’s Form GC-340 - Order Appointing Probate Conservator up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct California form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some California probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form GC-340, take a break, and then review. Probate and estate settlement processes in CA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form GC-340 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form GC-340 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Order Appointing Probate Conservator to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in California.

5 reasons you should submit GC-340 as quickly as possible:

1. The sooner you begin, the faster California can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in California. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of California is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for California probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local California probate clerk or court for exact answers regarding Form GC-340, and when in doubt— consult a qualified trust & estates lawyer for that area.

Order Appointing Probate Conservator is one of the many probate court forms available for download through Atticus.

It may also be available through some California probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within California.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form GC-340 - Order Appointing Probate Conservator f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the California probate court office.

Order Appointing Probate Conservator is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any California-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on California Form GC-340 - Order Appointing Probate Conservator. You can use this to get an idea of the context of the form and what type of information is needed.

The petition for appointment of (check boxes c, d, e, and f or g to indicate personal presence): THE COURT FINDS All notices required by law have been given. The conservatee 5. 6. Page 1 of 3 Form Adopted for Mandatory Use Judicial Council of California GC-340 [Rev. January 15, 2016] Probate Code, §§ 1830, 2688 www.courts.ca.gov 1. a. c. d. e. f. g. a. b. c. a. b. c. d. 3. 2. 4. is to the advantage and benefit and in the best interest of the conservatorship estate. ORDER APPOINTING PROBATE CONSERVATOR (Probate—Guardianships and Conservatorships) Do NOT use this form for a temporary conservatorship. 7. 8. b. Granting the conservatorship is the least restrictive alternative needed for the protection of the conservatee. successor Judicial officer (name): Hearing date:Time:Dept.:Room: Petitioner (name): Attorney for petitioner (name): Attorney for person citedthe conservatee on petition to appoint successor conservator: (Name):(Telephone): (Address): Person cited wasout of state. The conservatee on petition to appoint successor conservator was present.not present. (Name): is unable properly to provide for his or her personal needs for physical health, food, clothing, or shelter. is substantially unable to manage his or her financial resources or to resist fraud or undue influence. has voluntarily requested appointment of a conservator and good cause has been shown for the appointment. is an adult. will be an adult on the effective date of this order. is a married minor. is a minor whose marriage has been dissolved. There is no form of medical treatment for which the conservatee has the capacity to give an informed consent. The conservatee is an adherent of a religion defined in Probate Code section 2355(b). Granting the successor The conservatee cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. SUPERIOR COURT OF CALIFORNIA, COUNTY OF BRANCH NAME: CITY AND ZIP CODE: STREET ADDRESS: MAILING ADDRESS: (name): CONSERVATORSHIP OF CONSERVATEE FOR COURT USE ONLY CASE NUMBER: ORDER APPOINTING PROBATE CONSERVATOR OF THE SUCCESSOR PERSONESTATE Limited Conservatorship GC-340 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE:ZIP CODE:CITY: STREET ADDRESS: FIRM NAME: NAME: STATE BAR NO.: TELEPHONE NO.:FAX NO.: E-MAIL ADDRESS: ATTORNEY FOR (name): WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED. conservator came on for hearing as follows conservator powers to be exercised independently under Probate Code section 2590 present.unable to attend.able but unwilling to attend. 13. (Either a, b, or c must be checked): conservator is the spouse of the conservatee and is a party to an action or proceeding against the conservatee for legal separation, dissolution, annulment, or adjudication of nullity of their marriage. c. THE COURT ORDERS is appointed and Letters of Conservatorship shall issue upon qualification. and Letters of Conservatorship shall issue upon qualification. 18. 19. to be furnished by an authorized surety company or as otherwise provided by law. c. and receipts shall be filed. No withdrawals shall be made without a court order. GC-340 [Rev. January 15, 2016]Page 2 of 3 ORDER APPOINTING PROBATE CONSERVATOR (Probate—Guardianships and Conservatorships) 12. 10. 11. conservator is a professional fiduciary as defined by Business and Professions Code section 6501(f). 14. conservator holds a valid, unexpired, unsuspended license as a professional fiduciary issued by the Professional Fiduciaries Bureau of the California Department of Consumer Affairs under chapter 6 (commencing with section 6500) of division 3 of the Business and Professions Code. 15. conservator is not the domestic partner or former domestic partner of the conservatee. conservator is the domestic partner or former domestic partner of the conservatee and intends to terminate or has terminated their domestic partnership. It is in the best interest of the conservatee to appoint the domestic partner or former domestic partner as conservator. c. 16. (Either a, b, or c must be checked): conservator is the domestic partner of the conservatee and has neither terminated nor intends to terminate their domestic partnership. It is in the best interest of the conservatee to appoint the spouse as conservator. a. b. a. b. 17. a. of the PERSON of (name): of the ESTATE of (name): a. b. b. 9. has been appointed by the court as legal counsel to represent the conservatee in these proceedings. The conservatee has the ability to pay GC-340 (name): CONSERVATORSHIP OF CONSERVATEE CASE NUMBER: conservator is not the spouse of the conservatee. conservator is the spouse of the conservatee and is not a party to an action or proceeding against the conservatee for legal separation, dissolution, annulment, or adjudication of nullity of their marriage. 20. The conservatee has dementia as defined in Probate Code section 2356.5, and the court finds all other facts required to make the orders specified in item 28. Attorney (name): The cost for representation is: $ allnonea portion of this sum (specify): $ The conservatee need not attend the hearing. The appointed court investigator is (name): (Address and telephone): (For limited conservatorship only) The limited conservatee is developmentally disabled as defined in Probate Code section 1420. The successor License no.:Issuance or last renewal date:Expiration date: (Name):(Telephone): (Address): conservatorlimited conservator successor (Name): (Address): (Telephone): The conservatee need not attend the hearing. Bond is not required. Bond is fixed at:$ Deposits of: $ are ordered to be placed in a blocked account at (specify institution and location): Additional orders in attachment 20c. The successor The successor The successor The successor The successor The successor The successor successor successor is appointedconservatorlimited conservator successor (specify terms, including any combination of payors): 31. limited conservator of the person under Probate Code section 2351.5 as specified in attachment 31 are granted. 32. limited conservator of the estate under Probate Code section 1830(b) as specified in attachment 32 are granted. 33. 34. JUDICIAL OFFICER 22. 23. conservator of the person is granted the powers specified in Probate Code section 2355. 24.conservator of the estate is granted authorization under Probate Code section 2590 to exercise independently the powers specified in attachment 24 25. conservator of the person under Probate Code sections 2351–2358 as specified in attachment 26 are granted. (Do not include orders under Probate Code section 2356.5 relating to dementia.) 26. 27. 28.conservator of the person is granted authority to place the conservatee in a care or nursing facility described in Probate Code section 2356.5(b). b.conservator of the person is granted authority to authorize the administration of medications appropriate for the care and treatment of dementia described in Probate Code section 2356.5(c). 21. conservator a. 29. 35. 36. of the estate as specified in attachment 27 are granted. 30. d.conservator is not authorized to take possession of money or any other property without a specific court order. The successor 20. (cont.) For legal services rendered, conservateeconservatee's estate shall pay the sum of: $ to (name): forthwithas follows Continued in attachment 21. The conservatee is disqualified from voting. The conservatee lacks the capacity to give informed consent for medical treatment and the successor The treatment shall be performed by an accredited practitioner of a religion as defined in Probate Code section 2355(b). subject to the conditions provided. Orders relating to the capacity of the conservatee under Probate Code sections 1873 or 1901 as specified in attachment 25 are granted. Orders relating to the powers and duties of the Orders relating to the conditions imposed under Probate Code section 2402 on the Other orders as specified in attachment 29 are granted. The probate referee appointed is (name and address): (For limited conservatorship only) Orders relating to the powers and duties of the (For limited conservatorship only) Orders relating to the powers and duties of the (For limited conservatorship only) Orders limiting the civil and legal rights of the limited conservatee as specified in attachment 33 are granted. This order is effective on thedate signeddate minor attains majority (specify): Number of boxes checked in items 18–34: Number of pages attached: Date: SIGNATURE FOLLOWS LAST ATTACHMENT GC-340 (name): CONSERVATORSHIP OF CONSERVATEE CASE NUMBER: The successor successor successor The successor The successor successor successor GC-340 [Rev. January 15, 2016]Page 3 of 3 ORDER APPOINTING PROBATE CONSERVATOR (Probate—Guardianships and Conservatorships) For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this formSave this formClear this form