CLOSING PROCEDURES - MINOR CONSERVATORSHIPS

 

 

Note:  The Court is prohibited by law (Sec. 1211 of the Estates and Protected Individuals Code [EPIC]) from providing legal advice and completing forms.  This item provides general information concerning the filing procedures for closing minor conservatorships and may be useful as a guide.  If you have any questions, consider contacting an attorney for assistance.

 

 

Filing Fee

$20.00

 

Forms Used

PC 583 or PC 584, Account of Fiduciary (Note: An account form is used after a conservator is appointed and must be filed each year. 

PC 585a, Petition to Allow Account(s)

PC 585b, Order Allowing Account(s)

 

See Account Instructions for more information. 

Note:  In some cases, if the former minor (who is now at least 18 years old) signs a consent and receipt, the conservatorship can usually be closed immediately.  If this option is used, PC 649, Receipt of Ward and Discharge and PC 648, Minor Conservatorship – Final Account, Waiver and Consent, and Order are required. 

 

Interested Persons

Only list new interested persons and\or change of address for any interested persons since the conservatorship was opened.  If an interested person is not included or is not properly served, the hearing cannot be held.  The interested persons in a petition for the review of a minor conservatorship accounting are:

1.      The child, if 14 years of age or older.

2.      The presumptive heirs of the child. 

3.      Surety on any bond. 

 

Hearing Date

If you submit PC 561, Waiver\Consent for every interested person, the account may be granted without a hearing.  If you do not have all the waivers and consents and\or at the discretion of the Court, the account will be set for hearing.  Your Petition will be set for hearing by the Court.  Typically, the hearing date is 4-6 weeks after the petition is filed.  Your Hearing Reminder form displays the correct date, time, place, and assigned Judge.  You, the Petitioner, must attend the hearing or your Petition will be dismissed. 

 

Guardian ad Litem

The court may appoint a Guardian ad Litem (GAL) to represent the interests of the minor for whom the conservatorship is created, but this is typically not done when a minor conservatorship is closed. 

The GAL is not an employee of the court but a licensed practicing attorney appointed by the court.   

 

Location/Hours of Court

 Rev. 12/08