Detailed Answer
Under California law, you must petition the court to appoint either a guardian of the estate or a guardian ad litem to protect a minor’s interest in an inheritance or other estate assets. The two types of appointments serve different purposes:
- Guardian of the Estate—Manages the minor’s property and financial affairs until the minor reaches majority. (Prob. Code, § 3600 et seq.; https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3600.&lawCode=PROB)
- Guardian ad Litem—Represents the minor’s legal interests in a specific court proceeding, such as a probate or trust contest. (Prob. Code, § 1511; https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1511.&lawCode=PROB)
Follow these steps to secure an appointment:
- Prepare and File a Petition. Complete the Judicial Council form for appointment of guardian of the estate (Form GC-210) or guardian ad litem (Form GC-220). Include the minor’s name, date of birth, description of the estate assets, and reasons for guardianship. File the petition in the probate department of the county where the minor resides.
- Serve Notice. Serve notice of the hearing on all interested parties, including the minor (if over 12), surviving parents, siblings, and beneficiaries. See Probate Code § 1460 et seq. for notice requirements.
- Provide a Bond. The court generally requires the guardian of the estate to post a probate bond to secure faithful performance. (Prob. Code, § 2320; https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2320.&lawCode=PROB)
- Attend the Hearing. At the hearing, the judge will review the petition, bond, and any objections. The court may appoint an investigator or counsel for the minor if needed.
- Receive Letters. Once the court approves the petition, it issues Letters of Guardianship or Letters of Guardianship ad Litem. These letters grant authority to manage the minor’s assets or represent the minor in litigation.
- Manage the Estate or Case.
- Estate Guardian—Invest estate assets prudently, file annual accountings with the court, and seek court approval for major transactions (Prob. Code, § 2620 et seq.).
- Guardian ad Litem—Advocate for the minor’s best interests in the specific proceeding. Duties end when the case concludes or the minor reaches majority.
Helpful Hints
- Start early: Court calendars fill quickly—file well before any deadlines.
- Gather documentation: Provide certified copies of death certificates, asset valuations, and family tree information.
- Check bond amounts: The court calculates bond based on estate value. Obtain bond quotes from insurers in advance.
- Consider limited guardianship: Ask the court to authorize only necessary powers if full authority isn’t needed.
- Maintain clear records: Keep receipts, bank statements, and tax filings organized for annual reports.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.