PROBATE
Customer Service is provided at: 500 Argonaut Lane,Jackson,CA.95642
The Courthouse is open Monday through Friday (excluding holidays).

The Courtrooms are open for access from 8:00 AM to 5:00 PM
The Clerk’s Office is open to the public:
Monday-Thursday 9:30AM to 2:30PM
Friday CLOSED on 1st & 3rd Fridays of the month.
Friday 9:30 AM to 12:00 NOON all other Friday's

Clerk's Office Closure Days:
2014 - Dec 5,19
2015 - Jan 2,16; Feb 6,20; Mar 6,20; Apr 3,17; May 1,15; Jun 5,12;

Adobe pdf file NEW HOURS OF OPERATION

FOR FURTHER INFORMATION
Call: 209-257-2603
SEARCH FOR A CASE ONLINE
Available 24 hours a day to assist you in locating Case information.

OVERVIEW

OVERVIEW
Probate Court has jurisdiction over the following case types:
Conservatorships:
Choosing a person to oversee the finances and/or the care of the older adult or a
developmentally disabled adult who cannot take care of him/herself.
Decedents' Estates:
The transfer of property that belonged to someone who has died (the decedent).
Guardianships:
Authorizing a person to oversee the finances and/or the care of a child whose parents are unable to care for him or her.
LPS (Lanterman-Petris-Short Act) proceedings:
The appointment of a person to make certain mental health decisions for someone who is gravely disabled and is unable to care for his/her personal needs.

Conservatorships

FREQUENTLY ASKED QUESTIONS
The following questions and answers are provided for general reference and information only.
+ What is a conservatorship?
A conservatorship is a court proceeding to appoint a manager for the financial affairs and/or the personal care of one who is either physically or mentally unable to handle either or both. The person who cannot care for him or herself is called the conservatee. A person or organization the judge chooses to manage the conservatee's affairs is the conservator. A conservator can be a family member, friend or professional person.
A conservatorship ends when the conservatee dies, the conservatorship estate runs out of money, or the conservatee regains the ability to handle his or her own personal/financial affairs.
There are two types of conservatorships:
A Limited Probate Conservatorship
applies when the person is developmentally disabled. In this type of conservatorship, the powers of the conservator are limited so that the disabled person may live as independently as possible.
A General Probate Conservatorship
is for all other adults who are unable to provide for their personal needs due to physical injury, advanced age, dementia, or other conditions rendering them incapable of caring for themselves or making them subject to undue influence.
On occasion, a temporary conservatorship may be appropriate if there is an emergency that requires an immediate appointment. A Petition for Temporary Conservatorship can be filed at the same time as the Petition for Limited or General Conservatorship or at some time later, when a need arises. A Petition for Appointment of a Temporary Conservator should have all information supporting the need for emergency orders, including copies of all relevant medical, police, or Adult Protective Services reports.
+ Where can I find help?
Visit the   Judicial Council website Self-Help Center for conservators.
+ What are a prospective conservator's requirements?
You must view the following video: 'With Heart: Understanding Conservatorship'.
After watching the video, you must complete the Verification Form and submit to the Court.
+ What happens after the Petition for Conservatorship is filed?
Once the Petition for Conservatorship has been filed, the clerk will set the matter for hearing. The hearing will generally be set 45 days from the date of filing.
A Court Investigator is assigned to interview all persons who are the subject of a petition for conservatorship before the first hearing is held. The purpose of the interview is to determine if the person understands the proceedings or has any objections to it. After an appointment has been made, a Court Investigator will periodically interview both the conservator and the conservatee and report to the court about the well-being of the conservatee and whether the conservatee's estate is being properly cared for. The investigator is also assigned to examine cases that are conservatorships of the estate only. The investigator reviews the accountings submitted annually by the conservator.
+ What are my responsibilities when I am appointed conservator of a person?
When the court chooses you as the conservator of a person, this means you:
Arrange for the conservatee's care and protection;
Decide where the conservatee will live; and are in charge of the following:
Health care
Food
Clothes
Personal care
Housekeeping
Transportation
Recreation
+ What are my responsibilities when I am appointed conservator of an estate?
When the court chooses you to be the conservator of an estate, you will:
Manage the conservatee's finances;
Protect the conservatee's income and property;
Make a list of everything in the estate;
Make a plan to make sure the conservatee's needs are met;
Make sure the conservatee's bills are paid;
Invest the conservatee's money;
Make sure the conservatee gets all the benefits he or she is eligible for;
Make sure the conservatee's taxes are filed and paid on time;
Keep exact financial records; and
Make regular reports of the financial accounts to the court and other interested persons.

Decedents' Estates

FREQUENTLY ASKED QUESTIONS
The following questions and answers are provided for general reference and information only.
+ What is a decedent's estate
In some cases, the Probate Court may oversee the division of property of someone who has passed away. This property is called a decedent's estate. The court supervises the assets and liabilities of people who die while they are residents of California or who leave property inside the state. This includes payment of the person's debts and the distribution of property to beneficiaries.
+ Where can I find help?
You may contact the   Amador County Bar Association or the   State Bar
for a referral to an attorney for consultation and/or representation.
You may represent yourself; Probate Code Code of Civil Procedure , Local Rules.
Please see the self-help tab for local resources to assist in representing yourself in a probate matter.

Guardianships

FREQUENTLY ASKED QUESTIONS
The following questions and answers are provided for general reference and information only.
+ What is a guardianship?
A 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; withdrawals are allowed only with prior court approval.
The law requires that the Probate Court conduct an investigation of anyone seeking to become a guardian. There is a fee for this investigation.
As an alternative to a guardianship, caregiver's authorization affidavit may be completed. This form allows a relative to enroll a child in school and get medical treatment. Non-relatives may also use this form to enroll a child in school and to receive school related medical treatment.
If an emergency exists, that is a situation such that irreparable harm will result if immediate action is not taken by the Court, a temporary guardianship may be appropriate. A temporary guardianship enables a person to have legal guardianship of a child prior to the general guardianship hearing. It cannot be filed separately from a guardianship. A Petition for Temporary Guardianship can be filed at the same time as the Petition for General Guardianship or at some time later, when a need arises. A Petition for Appointment of a Temporary Guardian should include detailed information about the present danger to the child, and should include copies of any existing police reports, CPS recommendations, etc.
+ Where can I find help?
PLEASE NOTE:

Assistance for Self Represented Litigants with guardianship cases will no longer be available effective February 1, 2012.

 

Other Available Resources include:

The Judicial Council website has a Self-Help Center for guardians.

icandocs: a free, step by step program that assists you by asking questions and automatically fills out the forms.

 

EBSCO Support Site ( Amador Library Card Required )

Upon obtaining a free Amador County Library card the
Legal Information Reference Center™ is accessible and contains more than 310 full-text publications and thousands of legal forms. Many of the full-text legal reference books are provided through Nolo Press, the nation's oldest and most-respected provider of legal information for consumers and small businesses. After you have logged onto your account, enter "guardianships" in the search field to obtain links to the helpful documents.
+ What happens after the Petition for Guardianship is filed?
Once the Petition for Appointment of Guardian has been filed, the clerk will set the matter for hearing. The hearing will generally be set 45 days from the date of filing. During the period of time from the filing to the hearing, an investigator will complete a background investigation of each proposed guardian, any adult living in the home where the minor will reside and for any person listed as a potential caregiver for the child.

FORMS

Form Description Updated Format
Decedents Estates Judicial Council Probate-Decedent's Estate forms   Adobe pdf file
Guardianships/Conservatorships Judicial Council Probate-Guardianship and Conservatorship forms   Adobe pdf file