Civic Center, Hall of Justice, Room 113
8:30am - 3:30pm
Guardianship is a court process in which someone other than a parent is given custody of a child or when
a parent or other person is given authority over a child's property. The child, called the "minor" or
"ward," must be under the age of 18. A legal guardian is an adult the Court chooses to be responsible for
and care for a child, manage the child's property, or both.
A guardianship of the estate allows the guardian to make financial decisions for a child, and is often
filed when a minor is to receive a large monetary gift or inheritance. Both parents and non-parents can
become guardians of the estate for children. In guardianships of the estate, the Court may require the
funds to be placed into a blocked account in which withdrawals are allowed only with prior court approval.
The law requires that the Court conduct an investigation of anyone seeking to become a guardian. A court
investigator performs this investigation and there is a fee for this investigation.
Temporary guardianship enables a person to have legal guardianship of a minor prior to the general guardianship
hearing. It cannot be filed separately from a guardianship. There must be an urgent need to justify a temporary
guardianship. Contact the Probate Examiner at (415) 444-7315 to set an ex parte hearing to be appointed as
Forms: Guardianship forms are available in the Civil Clerk's Office. Required forms may include both
Judicial Council forms and
local forms. Judicial Council forms and local
forms may be downloaded from the Court's web site. Please note that the Court requires the original and one
copy of all documents pertaining to guardianship.
Other Resources: Basic information and complete forms online are available from California Courts Online Self-Help Center.
The Probate Court has jurisdiction over the following types of matters:
- Decedent's Estate and Trusts
- Conservatorships [including Limited Conservatorships (developmentally disabled persons) and
Lanterman-Petris-Short Act (LPS) Conservatorships)]
- Other Probate Case Types (including Commitments of Developmentally Challenged Persons; Establishment
of Fact of Birth, Death or Marriage; Minor's Compromise; and Riese Hearings)