CA Paralegal Services is dedicated to meeting your needs with a focus on Guardianship.


Probate is the legal process of administering and distributing the assets and debts of a deceased person, often based on their will or, if there is no will, California’s intestate succession laws. This process ensures that the deceased person’s financial affairs are properly resolved, and their assets are transferred to the intended beneficiaries.
CA Paralegal Services Family Law
CA Paralegal Services Conservatorship

Understanding the Guardianship Process: Key Steps and Considerations

The process of obtaining guardianship of a child typically involves several steps, which may vary slightly depending on the jurisdiction. Be aware, any previous allegations of misconduct with or around a child could completely eliminate you from qualifying for this process. It doesn’t matter how many years have passed since that previous allegation.


Probate Process

Filing a petition

The first step in the probate process is to file a petition with the court in the county where the deceased person lived. This petition requests that the court open probate proceedings and appoint an executor or administrator.

Notice to heirs and creditors

Once the petition is filed, the court will issue a notice to all heirs and creditors of the deceased person, informing them of the probate proceedings.

Inventory and appraisal of assets

The executor or administrator must identify and inventory all of the deceased person’s assets, including real estate, bank accounts, investments, personal property, and other assets. 

Payment of debts and taxes

The executor or administrator must use the assets of the estate to pay off any outstanding debts and taxes owed by the deceased person.

Distribution of assets

Once all debts and taxes have been paid, the remaining assets are distributed to the heirs according to the terms of the will or California law if there is no will.

Closing the estate

After all of the assets have been distributed, the executor or administrator must file a final accounting with the court and request that the estate be closed.

Eligibility Criteria for Guardianship: Important Factors to Consider

If you are eligible to become a guardian we will file your petition for guardianship in the appropriate court for formal legal document outlining your intent to become the child’s guardian and providing reasons why guardianship is necessary. When it comes to minors, the rules are very strict. All parties of age need to be noticed, which may include the child’s parents, relatives, and other relevant individuals. This ensures that everyone with an interest in the
child's welfare has an opportunity to participate in the legal process.

CA Paralegal Services Services

Filing Your Petition for Guardianship:

Navigating the Legal Process

The court will investigate to determine if guardianship is in the best interests of the child and if
you’re the best person to provide the care. This investigation may involve interviews with the
child, the proposed guardian, and other relevant individuals, as well as a review of the child's
living situation and circumstances.

A court hearing where the judge will review the evidence and decide whether to grant the guardianship petition will be held and interested parties will have the opportunity to present their arguments and evidence at the hearing. Usually, they only appear and present information if they are opposed to the guardianship

Once the court grants the guardianship petition, it will issue a guardianship order formally appointing you as the child’s guardian. This order will outline your rights and responsibilities as the guardian and may include specific instructions regarding the care and custody of the child. After being appointed as the child’s guardian, you may be required to fulfill certain ongoing
obligations, such as submitting periodic reports to the court regarding the child’s well-being and
financial status.

Contact CA Paralegal Services today for probate process

It's important to note that the process of obtaining guardianship can be complex, and it’s highly recommended considering the process have help. We will guide you through the process and ensure that specific requirements and procedures are followed. Every California court procedures may vary depending on your jurisdiction.

CA Paralegal Services Probate


Probate in California is a legal process that supervises the distribution of a deceased person’s assets. It ensures that any debts are settled and that assets are distributed according to the decedent’s will or, if there’s no will, according to California’s succession laws. The process typically begins with filing a petition in probate court to appoint an executor or administrator, who will then manage the estate tasks, including inventorying assets, notifying creditors, and distributing the remaining assets to the rightful heirs under court supervision.
In California, typically, a nominated executor named in the will files the petition for probate. However, if there is no will or the nominated executor is unable to serve, the probate court may appoint an administrator. Besides them, other persons, such as relatives, beneficiaries, or even creditors, will initiate the process by petitioning the court. This inclusive approach ensures the estate is properly taken care of.
No, not all assets go through probate in California. Some, like those held in a trust, joint ownership, or with designated beneficiaries (like life insurance policies), may be transferred directly to the named beneficiaries without the need for probate court proceedings. CA Paralegal Services LDAs will help you understand which assets are subject to probate and which aren’t.
An executor or administrator has various responsibilities, including collecting and inventorying the decedent’s assets, paying debts and taxes, and distributing the estate to the rightful beneficiaries. They act as fiduciaries, which means they are required to act in the best interests of the estate and the beneficiaries. CA Paralegal Services LDAs will support executors and administrators in carrying out these duties with expertise and care.
The duration of the probate process in California will vary widely depending on the complexity of the estate and will span from several months to years. You will manage probate yourself; this is often referred to as “DIY probate.” While it’s possible, it’s a considerable responsibility that requires a thorough understanding of legal procedures and the ability to meticulously manage estate matters. CA Paralegal Services LDAs will provide guidance and support if you choose to undertake probate on your own.
Costs associated with probate in California may include court filing fees, executor fees, legal notice publishing fees, and appraisal fees, among others. The Probate Code of California specifies executor fees, which vary depending on the estate’s value. Budgeting should account for these statutory fees, potential tax implications, and extra funds for any unexpected expenses that may arise during the probate process. CA Paralegal Services LDAs will help you understand and manage these costs to ensure the estate is handled financially soundly.
Verified by MonsterInsights