Probate Court Emancipation

Step 1	Find out if you are eligible for emancipation. Call Legal Advocates for Children & Youth (LACY): (408) 280-2416; LACY website
Step 2	Get the forms you need: MC-300 Petition for Declaration of Minor MC-305 Notice of Hearing- Emancipation of Minor MC-306 Emancipation of Minor Income and Expense Declaration MC-310 Declaration of Emancipation of Minor After Hearing If you can’t afford to pay the court fees and costs, fill out these waiver forms, too: FW-001 Application for Waiver of Court Fees and Costs FW-003 Order on Application for Waiver of Court Fees and Costs You can download the forms from this site. Just click on the form numbers, above. Or, get them from LACY, or the Self-Service Center. You can download them from the forms section of the Judicial Council’s website. Or, buy them from a bookstore or stationery store. (Check the Yellow Pages under Legal Documents.)
Step 3	Fill out the forms. Ask a lawyer from LACY for help.
Step 4	Get the consents you need. You will need your parents to sign the consent form. There may be other people who have to sign the form, too (like, a social worker, probation officer, or legal guardian if you have one.)
Step 5	Build your case. Give the judge other information, too. This will help the judge to decide if you are ready for emancipation. You can attach the following information to your Petition: A letter saying why you want emancipation A letter from LACY saying you understand what emancipation is and you are asking for it of your own free will. A letter from a teacher who supports you A letter from your employer saying where you work, your pay rate and how long you’ve worked there. Attach a copy of a pay stub, too. Copies of your rent receipts
Step 6	File your court forms. Staple the items from Step 5 to your Petition. Don’t forget to sign the Petition. Make 3 copies of all your papers. Take your papers to the Probate Clerk’s Office in the Downtown Superior Court in San Jose.
Step 7	Get a hearing date. After you take your papers to the clerk for filing, the clerk will ask the judge to sign the Order prescribing Notice on the back of the Petition first. The clerk will tell you when to come back to pick up your papers. Or, you can leave a self-addressed stamped envelope for the clerk to mail your copies. After the judge signs your papers, the clerk will give you a hearing date and a case number. If you asked for a Fee Waiver (see forms, above), the clerk will also let you know if you qualify. If you did not ask for a Fee Waiver, you have to pay the filing fee. (See Probate Fees.) Your hearing will be in about 10 weeks. The clerk will keep your papers and give you stamped copies.
Step 8	Serve notice of the hearing. The law says you must notify certain people about the hearing, like your parents, guardian, social worker, and probation officer. If any of these people already signed the consent form, you do not have to serve them notice. If they did not sign the consent form, you must serve them notice of the hearing. This means someone over 18 – not you – must mail copies of all your court documents to your parents (and guardian, social worker, or probation officer if you have one). The person who mails (serves) the copies must fill out a Proof of Service form. Then, you must file the Proof of Service with the court. The clerk will ask you for 2 copies of the Proof of Service. There is no Proof of Service form for emancipation. But, you can use Judicial Council Proof of Service form FL-335 as an example. Click on the form number to download a copy.
Step 9	There will be a Probate Court Investigation. A court investigator will contact you to make an appointment to talk to you either at your home or by phone. Then, the investigator writes a report to explain your situation to the judge. The investigator will recommend if the judge should or should not approve your emancipation. The investigator will mail you a copy of the report before your hearing.
Step 10	Go to your hearing. Look at your filed Petition for the date, time and place of your hearing. Emancipation hearings are on Tuesdays at 8:55 a.m. in Department 13 of the Downtown Superior Court in San Jose. Take copies of all your papers with you to court. When the judge calls your name, go to the table in the front and tell the judge your name. The judge may ask you questions about why you want to be emancipated and if you understand your rights and responsibilities if you get emancipated. The judge will make a decision based on what you wrote in your petition and the Investigator’s report. If the judge approves your petition, he/she will sign the Declaration of Emancipation. Be sure to get the signed Declaration of Emancipation from the judge's clerk.
Step 11	File the signed Declaration of Emancipation with the Probate Clerk's office on the first floor. Your emancipation is not “official” unless you file it. Ask for extra, certified copies of the Declaration of Emancipation as needed. Unless you have a Fee Waiver, you have to pay for the certified copies - see fee schedule.