Petition For Appointment Of Guardian Ad Litem—probate

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.

Petition For Appointment Of Guardian Ad Litem—probate 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:

Ask the court to appoint an adult to represent the best interests of a child to the court in a probate case.

Atticus Fast Facts About Petition For Appointment Of Guardian Ad Litem—probate

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Appointment Of Guardian Ad Litem—probate:

• 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-100 - Petition For Appointment Of Guardian Ad Litem—probate 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-100, 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-100 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-100 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 Petition For Appointment Of Guardian Ad Litem—probate 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-100 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-100, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Appointment Of Guardian Ad Litem—probate 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-100 - Petition For Appointment Of Guardian Ad Litem—probate 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.

Petition For Appointment Of Guardian Ad Litem—probate 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-100 - Petition For Appointment Of Guardian Ad Litem—probate. You can use this to get an idea of the context of the form and what type of information is needed.

NOTE: This form is for use in proceedings under the Probate Code, except a request for court approval of (1) the compromise of a minor's disputed claim, (2) the compromise of an action to which a minor or a person with a disability is a party, or (3) disposition of the proceeds of a judgment in favor of a minor or person with a disability. (See Prob. Code, §§ 3600–3613.) A person seeking the appointment of a guardian ad litem in a civil proceeding should use form CIV-010. A person seeking the appointment of a guardian ad litem in a family law proceeding should use form FL-935. A person may not act as a guardian ad litem unless he or she is an attorney or is represented by an attorney. A guardian ad litem is NOT the same as a guardian of the person or estate of a minor. PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM—PROBATE This petition seeks the appointment of the following person as guardian ad litem (state name, address, and telephone number): The guardian ad litem is to represent the interests of the following person (state name, address, and telephone number): Appointment of a guardian ad litem arises out of issues regarding PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM—PROBATE (Probate—Decedent's Estates, and Guardianships and Conservatorships) FOR COURT USE ONLY CASE NUMBER: DE-350/GC-100 ESTATE OF (Name): 1. 2. 3. 4. b. a. Form Adopted for Mandatory Use Judicial Council of California DE-350/GC-100 [Rev. January 1, 2008] Probate Code, § 1003 Petitioner (name): b. a. c. The person to be represented is a. b. 5. other (specify in Attachment 5f). c. d. f. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): EX PARTE d. e. c. d. e. f. e. FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF Page 1 of 2 DECEDENT CONSERVATEE MINOR TELEPHONE NO.: E-MAI L ADDRESS (Optional): ATTORNEY FOR (Name): STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: is personal representative of the estate of: guardian of: conservator of: trustee of: other interested person (specify capacity): a person with a disability (within the meaning of Prob. Code, § 3603). an unborn person. an unascertained person. a person whose identity or address is unknown. a designated class of persons who are not ascertained or are not in being. a minor (date of birth): the execution of a disclaimer under Probate Code section 277 (specify details in Attachment 5a). the representation of the interests of a spouse alleged to lack legal capacity (Probate Code, §§ 3112 and 3140) (specify details in Attachment 5b). the consent to modification or termination of trust (Probate Code, § 15405) (specify details in Attachment 5c). the approval and settlement of claims against a deceased settlor (Probate Code, § 19029) (specify details in Attachment 5d). the representation of a minor, incapacitated person, or other person identified in Probate Code section 1003(a) in a proceeding under the Probate Code (Probate Code, § 1003(a)) (specify details in Attachment 5e). PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM—PROBATE (Probate—Decedent's Estates, and Guardianships and Conservatorships) I consent to the appointment as guardian ad litem and I declare under penalty of perjury under the laws of the State of California that the foregoing petition is true and correct. Date: CONSENT TO ACT AS GUARDIAN AD LITEM CASE NUMBER: ESTATE OF (Name): (TYPE OR PRINT NAME) (SIGNATURE OF PROPOSED GUARDIAN) CONSENT OF MINOR 12 YEARS OF AGE OR OLDER (Optional) Date: (TYPE OR PRINT NAME) (SIGNATURE OF MINOR 12 YEARS OF AGE OR OLDER) DE-350/GC-100 [Rev. January 1, 2008]Page 2 of 2 Date: (TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER) The proposed guardian ad litem is fully competent and qualified to understand and protect the rights of the person he or she is representing as explained in Attachment 8 and has no interest adverse to the interests of that person. 8. 9. Notice of this proceeding a. should be dispensed with for the following reasons (specify reasons for ex parte request. Continue in Attachment 9b if necessary): b. will be given to the parties named in Attachment 9a. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 7. The proposed guardian ad litem's relationship to the person he or she is representing is a. b. (TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY) Number of pages attached:10. 6. The appointment of a guardian ad litem is a. b. Date: DECEDENT CONSERVATEE MINOR proper because the minor has no guardian of his or her estate. necessary for the following reasons (specify reasons. Continue in Attachment 6b if necessary): related (state relationship): not related (specify capacity): I, (name): , am (specify age): years of age and hereby to be my guardian ad litem to represent my interests for the reasons set forth in items 5 and 6 of this petition. nominate (name):