What is a Capacity Declaration in a California Probate Case?

There are multiple documents when petitioning the court for a conservatorship of the person.  One of these is a judicial council form known as the Capacity Declaration (GC-335).
Capacity Declaration – What is it?
A capacity declaration is a form specifically used in conservatorships cases. The form was created by the California judicial council (the policymaking body of the California courts) to be used in all 58 California County probate courts. It is a mandatory form, so it must be completed and filed in each and every conservatorship case in California. It is required to be in the file prior to the […]

By |Probate|
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ANOTHER REASON TO AVOID PROBATE

There are so many reasons people want to help keep their loved ones out of probate court. The expenses, the public nature of the process, from the newspaper publication, the documents open for anyone to see at the courthouse and the courtroom hearings are the main reasons. Then there is the length of time it takes to go through it. Well, that time it takes to get through the probate process just got extended in more ways than one.

When the petition for probate is initially filed, the first hearing should be set for approximately 30 days ahead. A long time […]

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Where to file a Conservatorship in Riverside County

As our parents age or as special needs children reach the age of majority filing for conservatorship is often necessary to continue to provide for their needs and wellbeing. The California Courts, specifically the probate division are tasked with handling conservatorship proceedings. While there are 58 Counties in California and each County may have a handful of Probate Divisions, the process, timeline and costs are typically uniform since the County Superior Courts are under the same California Judicial System. Simply put, a conservatorship case filed in Los Angeles County would likely run the same course as it would if filed […]

By |Conservatorships, Local Resources, Probate|
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Understanding Probate Court: The Process

When an individual in California passes away, many families, loved ones, or other beneficiaries are often left with the burden of dealing with the California probate process. The legal procedure in which a beneficiary has the burden of demonstrating the validity of a decedent’s Will in court is called probate. Probate court in California handles the legal proceedings for decedents (people who have passed away) as well as other people who are unable to act on their own behalf such as guardianships and conservatorships.

After petitioning the court, and once the court has determined that a particular Will is authentic, the […]

By |Death & Property, Probate|
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Where to File a California Probate

A California Petition For Probate is filed in the Superior Court in the county where the decedent lived at the time of death. For example, if the decedent lived in Riverside County, but the real estate they owned was located in San Bernardino County, the probate case would be filed in the Riverside County. A common mistake is trying to file in the county where the property is located, rather than where the decedent lived, if it’s not the same. If they were not a California resident, but left property in California, the probate would be filed in the county […]

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