Petition For Appointment Of 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.

Petition For Appointment Of 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:

Ask the court to appoint a conservator of the person or the estate. This form can also be used to ask the court to appoint a new person to be the conservator in an existing case.

Atticus Fast Facts About Petition For Appointment Of Probate Conservator

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Appointment Of 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-310 - Petition For Appointment Of 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-310, 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-310 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-310 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 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.

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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-310 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-310, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Appointment Of 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-310 - Petition For Appointment Of 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.

Petition For Appointment Of 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-310 - Petition For Appointment Of Probate Conservator. You can use this to get an idea of the context of the form and what type of information is needed.

requests that be appointed of the PERSON of the (proposed) conservatee and Letters issue upon qualification. be appointed of the ESTATE of the (proposed) conservatee and Letters issue upon qualification. (1) (2) (3) Page 1 of 8 Do NOT use this form for a temporary conservatorship. Form Adopted for Mandatory Use Judicial Council of California GC-310 [Rev. January 1, 2019] Probate Code, §§ 1820, 1821, 2680–2682 www.courts.ca.gov PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR (Probate—Guardianships and Conservatorships) a. d. e. f. g. 1. b. or an exempt government agency. c. Granting the proposed conservator of the estate powers to be exercised independently under Probate Code section 2590 would be to the advantage and benefit and in the best interest of the conservatorship estate. (Specify orders, powers, and reasons in Attachment 1d.) Petitioner (name): (Name):(Telephone): (Address): successorconservatorlimited conservator (Name):(Telephone): (Address): successorconservatorlimited conservator bond not be requiredbecause the proposed successor for the reasons stated in Attachment 1c. bond be fixed at: to be furnished by an authorized surety company or as otherwise provided by law. (Specify reasons in Attachment 1c if the amount is different from the minimum required by Probate Code section 2320.) $ in deposits in a blocked account be allowed. Receipts will be filed. $ (Specify institution and location): orders authorizing independent exercise of powers under Probate Code section 2590 be granted. orders relating to the capacity of the (proposed) conservatee under Probate Code section 1873 or 1901 be granted. (Specify orders, facts, and reasons in Attachment 1e.) orders relating to the powers and duties of the proposed conservator of the person under Probate Code sections 2351–2358 be granted. (Specify orders, facts, and reasons in Attachment 1f.) the (proposed) conservatee be adjudged to lack the capacity to give informed consent for medical treatment or healing by prayer and that the proposed conservator of the person be granted the powers specified in Probate Code section 2355. (Complete item 9 on page 6.) conservator is a corporate fiduciary successor successor successor SUPERIOR COURT OF CALIFORNIA, COUNTY OF BRANCH NAME: CITY AND ZIP CODE: STREET ADDRESS: MAILING ADDRESS: (name): CONSERVATORSHIP OF (PROPOSED) CONSERVATEE FOR COURT USE ONLY CASE NUMBER: PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR OF THE SUCCESSOR PERSONESTATE Limited Conservatorship GC-310 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): HEARING DATE AND TIME: DEPT.: Jurisdictional facts (initial appointment only) The proposed conservatee has no conservator in California and is a (1) (2) Petitioner (answer items (1) and (2) and check all other items that apply) GC-310 [Rev. January 1, 2019] PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR (Probate—Guardianships and Conservatorships) Page 2 of 8 i. j. k. l.other orders be granted. (Specify in Attachment 1l.) 1. 2. 3.a. (a) (b) (a) (b) (c) b. a creditor or an agent of a creditor of the (proposed) conservatee. a debtor or an agent of a debtor of the (proposed) conservatee. h. * See item 5b on page 4. conservator. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (for limited conservatorship only) orders relating to the powers and duties of the proposed limited conservator of the person under Probate Code section 2351.5 be granted. (Specify orders, powers, and duties in Attachment 1h and complete item 1j.) successor* (for limited conservatorship only) orders relating to the powers and duties of the proposed limited conservator of the estate under Probate Code section 1830(b) be granted. (Specify orders, powers, and duties in Attachment 1i and complete item 1j.) successor* (for limited conservatorship only) orders limiting the civil and legal rights of the (proposed) limited conservatee be granted. (Specify limitations in Attachment 1j.) orders authorizing placement or treatment for a major neurocognitive disorder (such as dementia) as specified in the Attachment Requesting Special Orders Regarding a Major Neurocognitive Disorder (form GC-313) under Probate Code section 2356.5 be granted. A Capacity Declaration—Conservatorship (form GC-335) and Major Neurocognitive Disorder Attachment to Capacity Declaration—Conservatorship (form GC-335A), executed by a licensed physician or by a licensed psychologist acting within the scope of his or her license with at least two years experience diagnosing major neurocognitive disorders (including dementia), are filed herewith.will be filed before the hearing. (appointment of successor conservator only) will not be filed because an order relating to placement or treatment for a major neurocognitive disorder (such as dementia) was filed on . That order has neither expired by its terms nor been revoked. (date): (Proposed) conservatee is (name): (Telephone): (Current address): resident of California and a resident of this county. not a resident of this county, but commencement of the conservatorship in this county is in the best interests of the proposed conservatee for the reasons specified in Attachment 3a. nonresident of California but is temporarily living in this county, or has property in this county, or commencement of the conservatorship in this county is in the best interest of the proposed conservatee for the reasons specified in Attachment 3a. isis not is is the proposed is the (proposed) conservatee. (If this item is not checked, you must also complete item 3f.) is the spouse of the (proposed) conservatee. (You must also complete item 6.) is the domestic partner or former domestic partner of the (proposed) conservatee. (You must also complete item 7.) is a relative of the (proposed) conservatee as (specify relationship): is an interested person or friend of the (proposed) conservatee. is a state or local public entity, officer, or employee. is the guardian of the proposed conservatee. is a bankis another entity authorized to conduct the business of a trust company. is a professional fiduciary within the meaning of Business and Professions Code section 6501(f) who is licensed by the Professional Fiduciaries Bureau of the Department of Consumer Affairs. Petitioner's license number is provided in item 1 on page 1 of the attached Professional Fiduciary Attachment. (Use form GC-210(A-PF)/GC-310(A-PF) for this attachment. You must also complete item 2 on page 2 of that form and item 3d below.) GC-310 (name): CONSERVATORSHIP OF (PROPOSED) CONSERVATEE CASE NUMBER: is not successor Character and estimated value of the property of the estate (complete items (1) or (2) and (3), (4), and (5)): e. (1) Personal property: , per Inventory and Appraisal filed in this proceeding on $ Annual gross income from Total of (1) or (2) and (3): (3) (2) (4) (5)Real property: (a) (b) (c) (d) (e) (f) real property: personal property: pensions: wages: public assistance benefits: other: (a) (b) Proposed conservator is (check all that apply) c. (8) 3. (1) (2) (3) (4) (5) (6) (7) d. f. (1) (2) Statements of who engaged petitioner, or how petitioner was engaged to file this petition, and a description of any prior relationship petitioner had with the (proposed) conservatee or his or her family or friends, are provided in item 2 on page 2 of the attached Professional Fiduciary Attachment. (Use form GC-210(A-PF)/GC-310(A-PF) for this attachment.) Efforts to find the (proposed) conservatee's relatives or reasons why it is not feasible to contact any of them are described on Attachment 3f(1). (1) Statements of the (proposed) conservatee's preferences concerning the appointment of any (successor) conservator and the appointment of the proposed (successor) conservator or reasons why it is not feasible to ascertain those preferences are contained on Attachment 3f(2). (2) successor a nominee. (Affix nomination as Attachment 3c(1).) the spouse of the (proposed) conservatee. (You must also complete item 6.) the domestic partner or former domestic partner of the (proposed) conservatee. (You must also complete item 7.) a relative of the (proposed) conservatee as (specify relationship): a bank.another entity authorized to conduct the business of a trust company. a nonprofit charitable corporation that meets the requirements of Probate Code section 2104. a professional fiduciary, as defined in Business and Professions Code section 6501(f). His or her statement concerning licensure or exemption is provided in item 1 on page 1 of the attached Professional Fiduciary Attachment. (Use form GC-210(A-PF)/GC-310(A-PF) for this attachment.) other (specify): Engagement and prior relationship with petitioning professional fiduciary (complete this item if petitioner is licensed by the Professional Fiduciaries Bureau.) A petition for appointment of a temporary conservator is filed with this petition. That petition contains statements of who engaged petitioner, how petitioner was engaged to file this petition, and a description of any prior relationship petitioner had with the (proposed) conservatee or his or her family and friends. (For appointment of successor conservator only, if complete Inventory and Appraisal filed by predecessor): (specify dates of filing of all inventories and appraisals): Estimated value of personal property:$ $ $ $ $ $ $ $ $ per Inventory and Appraisal identified in item (1). estimated value. Due diligence (complete this item if the (proposed) conservatee is not a petitioner): GC-310 (name): CONSERVATORSHIP OF (PROPOSED) CONSERVATEE CASE NUMBER: GC-310 [Rev. January 1, 2019] PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR (Probate—Guardianships and Conservatorships) Page 3 of 8 (Proposed) conservatee 4. a. b. c. a patient in or on leave of absence from a state institution under the jurisdiction of the California Department of State Hospitals or the California Department of Developmental Services (specify state institution): is receiving or entitled to receiveis neither receiving nor entitled to receive benefits from the U.S. Department of Veterans Affairs (estimate amount of monthly benefit payable): Name of tribe: (If you answered is, complete items (1)–(4)): (1) is is not , so far as is known to petitioner, a member of a federally recognized Indian tribe.is notis Location of tribe (if the tribe is located in more than one state, the state that is the tribe's principal location): (2) (3)The proposed conservateedoes does notreside on tribal land.* (4)So far as known to petitioner, the proposed conservateedoes not own ownsproperty on tribal land. 5. (1) (2) (3) (4) a. There is a vacancy in the office of conservator of the for the reasons b. Proposed conservatee (initial appointment of conservator only) is an adult. will be an adult on the effective date of the order (date): is a married minor. is a minor whose marriage has been dissolved. Vacancy in office of conservator (appointment of successor conservator only. A petition for appointment of a limited conservator after the death of a predecessor is a petition for initial appointment. (Prob. Code, § 1860.5(a)(1).) specified in Attachment 5b.specified below. So far as known to petitioner, a conservatorship or equivalent proceeding concerning the proposed conservatee has 3. been filed in another jurisdiction, including a court of a federally-recognized Indian tribe with jurisdiction (see Prob. Code, § 2031(b)). (If you answered has, identify the jurisdiction and state the date the case was filed): personestate * “Tribal land” is land that is, with respect to a specific Indian tribe and the members of that tribe, “Indian country,” as defined in 18 U.S.C. § 1151. g. GC-310 (name): CONSERVATORSHIP OF (PROPOSED) CONSERVATEE CASE NUMBER: GC-310 [Rev. January 1, 2019] PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR (Probate—Guardianships and Conservatorships) Page 4 of 8 has not (2) Supporting facts are 5. substantially unable to manage his or her financial resources or to resist fraud or undue influence. specified in Attachment 5c(2)as follows: c. (Proposed) conservatee requires a conservator and is (1) Supporting facts are unable to properly provide for his or her personal needs for physical health, food, clothing, or shelter. specified in Attachment 5c(1)as follows: GC-310 (name): CONSERVATORSHIP OF (PROPOSED) CONSERVATEE CASE NUMBER: GC-310 [Rev. January 1, 2019] PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR (Probate—Guardianships and Conservatorships) Page 5 of 8 (Proposed) conservatee (check all that apply) a. nominated the proposed wish to contest the establishment of a conservatorship, object to the proposed conservator, AND prefer that another person act as conservator. b. 9. (Proposed) conservatee an adherent of a religion that relies on prayer alone for healing, as defined in Probate Code section 2355(b). c. There is no form of medical treatment for which the (proposed) conservatee has the capacity to give an informed consent. b. 8. conservator. A Capacity Declaration—Conservatorship (form GC-335) executed by a licensed physician or by a licensed psychologist acting within the scope of his or her licensure, stating that the (proposed) conservatee lacks the capacity to give informed consent for any form of medical treatment and giving reasons and the factual basis for this conclusion, a. c. d. e. d. That order has neither expired by its terms nor been revoked. will attend the hearing ANDis the petitioneris not the petitioner AND (initial appointment of conservator only) is able but unwilling to attend the hearing AND (initial appointment of conservator only): is unable to attend the hearing because of medical inability. A Capacity Declaration—Conservatorship (form GC-335), executed by a licensed medical practitioner or an accredited religious practitioner is filed with this petition.will be filed before the hearing. (initial appointment of conservator only) is not the petitioner, is out of state, and will not attend the hearing. (appointment of successor conservator only) will not attend the hearing. Medical treatment of (proposed) conservatee is filed with this petition. will be filed before the hearing.will not be filed for the reason stated in c. (appointment of successor conservator only) The conservatee's incapacity to consent to any form of medical treatment was determined by order filed in this matter on (date): isis not doesdoes not doesdoes not hashas not doesdoes not successor conservator is the spouse of the (proposed) conservatee. successor Petitioner or proposed 6. a. b. conservator be appointed. 7. conservator is the domestic partner or former domestic partner of the (proposed) conservatee. (If this statement is true, you must answer a or b.) a. b. (If you checked item 7b(1) or (2) or both, specify the facts and reasons in Attachment 7b.) conservator be appointed.(1) (2) the domestic partner or former domestic partner be appointed as the asuccessor conservator. successor (If you checked item 6b(1) or (2) or both, specify the facts and reasons in Attachment 6b.) conservator. (1) (2) (If this statement is true, you must answer a or b.) The (proposed) conservatee's spouse is not a party to any action or proceeding against the (proposed) conservatee for legal separation, dissolution of marriage, annulment, or adjudication of nullity of their marriage. Although the (proposed) conservatee's spouse is a party to an action or proceeding against the (proposed) conservatee for legal separation, dissolution, annulment, or adjudication of nullity of their marriage, or has obtained a judgment in one of these proceedings, it is in the best interest of the (proposed) conservatee that: asuccessor the spouse be appointed as the Petitioner or proposed The domestic partner of the (proposed) conservatee has not terminated and does not intend to terminate the domestic partnership. Although the domestic partner or former domestic partner of the (proposed) conservatee intends to terminate or has terminated the domestic partnership, it is in the best interest of the (proposed) conservatee that successor successor e. (Proposed) conservatee have a developmental disability as defined in Probate Code section 1420. Petitioner is aware of the requirements of Probate Code section 1827.5. (Specify the nature and degree of the alleged disability in Attachment 5f). d. (Specify facts showing good cause in Attachment 5(d).) f. (Proposed) conservatee voluntarily requests the appointment of a conservator. Confidential Supplemental Information (form GC-312) is filed with this petition. (Initial appointment of conservator only. All petitioners must file this form except banks and other entities authorized to do business as a trust company.) doesdoes not successor 5. GC-310 (name): CONSERVATORSHIP OF (PROPOSED) CONSERVATEE CASE NUMBER: GC-310 [Rev. January 1, 2019] PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR (Probate—Guardianships and Conservatorships) Page 6 of 8 (8) (9) (10) (11) (12) (13) (14) (15) Continued on Attachment 11. (7) The names, residence addresses, and relationships of the spouse or registered domestic partner and the second-degree relatives of the (proposed) conservatee (his or her parents, grandparents, children, grandchildren, and brothers and sisters), so far as known to petitioner, are Name and relationship to conservateeResidence address (1) (2) (3) (4) (5) a. b. (Proposed) conservatee's relatives (6) 11. listed below. not known, or no longer living, so the (proposed) conservatee's deemed relatives under Probate Code section 1821(b) (1)–(4) are listed below. (16) 10. Filed with this petition is a Petition for Appointment of Temporary Conservator (form GC-111). Temporary conservatorship GC-310 (name): CONSERVATORSHIP OF (PROPOSED) CONSERVATEE CASE NUMBER: GC-310 [Rev. January 1, 2019] PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR (Probate—Guardianships and Conservatorships) Page 7 of 8 Filed with this petition is a proposed Order Appointing Court Investigator (form GC-330). 13. (All petitioners must also sign (Prob. Code, § 1020; Cal. Rules of Court, rule 7.103).) (SIGNATURE OF ATTORNEY FOR PETITIONER) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (SIGNATURE OF PETITIONER) (SIGNATURE OF PETITIONER) 14. 12. Submitted with this petition is a Confidential Conservator Screening Form (form GC-314) completed and signed by the proposed conservator. (Required for all proposed conservators except banks and trust companies.) Confidential conservator screening form Court investigator Number of pages attached: Date: (TYPE OR PRINT NAME OF ATTORNEY FOR PETITIONER) Date: successor (TYPE OR PRINT NAME OF PETITIONER) (TYPE OR PRINT NAME OF PETITIONER) GC-310 (name): CONSERVATORSHIP OF (PROPOSED) CONSERVATEE CASE NUMBER: GC-310 [Rev. January 1, 2019] PETITION FOR APPOINTMENT OF PROBATE CONSERVATOR (Probate—Guardianships and Conservatorships) Page 8 of 8 Print this formSave this formClear this form For your protection and privacy, please press the Clear This Form button after you have printed the form.