Probate Court Protecting Minor's Assets

Step 1	Prepare your Petition Write a document that says: Who you are (parent, guardian, the person holding the money, etc.) Exactly how much money the child will receive What you want the court to do (put the funds in a blocked account, annuity, etc.) Why you think this is best for the child You are asking the Court to make an order allowing you to do these things At the bottom of your petition, write: “I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.” Then sign and date it.
Step 2	Give Notice Fill out Judicial Council form GC-020, entitled “Notice of Hearing, Guardianships and Conservatorships.” This form tells other people about the hearing, usually the guardian, the child and anyone who asks for notice. There are special rules for giving notice. You must follow them carefully. Read about how to give notice in Probate Code Section 1460. To learn more about filing petitions in Probate Court, read: the Probate Local Rules.
Step 3	File your court papers at the Probate Clerk’s Office File your Petition and form GC-020 (Notice of Hearing) and 1 copy of each document for each person you give notice to. If you already prepared your proposed Order (see Step 4, below), you can give it to the Probate Clerk, along with a copy of your proposed Order. Please make a copy of everything you file. Give your copies to the Clerk. He or she will stamp them all “Filed” and give them back to you for your records. (Exception: The Clerk cannot stamp the Order until the judge approves it.) You will pay a filing fee. Then, the clerk will give you a case number and a hearing date. If you have questions, call the clerk at: 408-882-2100
Step 4	Prepare an Order and take it to the Clerk You must prepare an Order for the judge to sign. The Order looks a lot like your Petition. It has the same case name, case number, and your name, address, and phone number. But, call it “Order: instead of “Petition.” Your Order has the same information as your petition. But, you must write your requests as commands. If your Petition says: I ask the Court to request authority to sell the real property located at 123 Elm Street, San Jose, California… Your Order will say: The Court orders guardian is authorized to sell the real property located at 123 Elm Street, San Jose, California,… Be sure to leave a place for the judge to date and sign it. Take your proposed Order and a copy to the Court Clerk’s office when you file your petition, or at least 1 week before your hearing.
Step 5	File your Order with the Probate Clerk’s Office If the judge grants your request at the hearing, s/he will sign and date the Order. The court clerk will give you back the signed order and your copy. Take your signed Order to the Probate Clerk’s Office and file it. Ask the clerk to stamp your copy of the Order, too.