How to File for Conservatorship in Santa Clara County

To file for conservatorship in Santa Clara County, you submit a petition packet to the Probate Division of the Superior Court at 191 North First Street in San José, pay a $435 filing fee, and then serve the proposed conservatee and their close relatives with formal notice at least 15 days before the hearing.¹² Between filing and the hearing, a court investigator will interview the proposed conservatee and file a report. California treats conservatorship as a last resort, so expect the judge to look for evidence that less restrictive options were tried or ruled out first.

Pick the Right Type Before You File

The forms and the notice rules differ depending on which kind of conservatorship you need, so decide this first.

A general probate conservatorship is the common choice for older adults or people with serious physical or cognitive limitations who cannot meet their basic needs for food, clothing, shelter, or health care, or who cannot manage their money or resist fraud. The court can appoint a conservator of the person, of the estate, or both.³

A limited conservatorship is for adults with developmental disabilities. The conservatee keeps every legal and civil right except the ones the court specifically transfers, and the judge can grant only powers the petition requests and the evidence supports, drawn from a list of seven: residence, access to confidential records, consent to marriage or domestic partnership, contracts, medical consent, social and sexual relationships, and education.⁴ In Santa Clara County, a limited conservatorship petition must also be served on the San Andreas Regional Center at least 45 days before the hearing so SARC can assign a service coordinator and give input to the court.⁵

A temporary conservatorship can be requested alongside or after the main petition when someone faces an immediate risk. The petitioner must show good cause, and if a professional fiduciary is proposed as temporary conservator, the petition must include their hourly fee schedule or proposed compensation. These appointments run for short periods, typically 30 to 60 days, while the regular petition moves forward.⁶

One boundary to note. If the adult has a serious mental illness and is gravely disabled, the case is not filed the way described here. That is an LPS (Lanterman-Petris-Short) conservatorship, governed by the Welfare and Institutions Code, and it is typically initiated by a county agency rather than by a family member.⁷

Alternatives the Court Expects You to Have Considered

A judge will not grant a conservatorship if a less restrictive option can adequately protect the person. This is statutory, not just preference, so be ready to explain what was tried and why it fell short.

A durable power of attorney is the most common alternative. Under California law it remains effective after the person becomes incapacitated as long as the document says so, but the person must have had the capacity to sign it in the first place.⁸ A revocable living trust does similar work for assets, but only for property actually titled in the trust’s name. For someone whose only income is Social Security or VA benefits, a representative payee appointed by the federal agency can manage those specific payments without court involvement, though the authority stops at those benefits.

Forms and Information to Gather

The petition packet is built around Judicial Council forms. Incomplete or inaccurate paperwork is one of the most common reasons cases stall.

The core form is the Petition for Appointment of Probate Conservator (GC-310). It asks who the proposed conservatee is, where they live, what kind of conservatorship you want, and why it is necessary.⁹

The Confidential Supplemental Information (GC-312) goes with it. This is where you give concrete, real-world examples of behavior showing the person cannot handle daily needs or finances. General statements are not enough.¹⁰

You also need a Capacity Assessment and Declaration (GC-335) completed by a licensed physician, psychologist, or religious healing practitioner who has personally evaluated the proposed conservatee. It records the clinician’s conclusions about mental functioning and whether the person can attend the hearing.¹¹

Two things you compile yourself. First, a list of all relatives within the second degree with current mailing addresses: spouse or domestic partner, parents, children, siblings, grandparents, and grandchildren. The court requires formal notice to each of them.¹² Second, if you are seeking conservatorship of the estate, a detailed inventory of the proposed conservatee’s assets, including bank balances, real property, investments, and valuable personal property. The court uses that inventory to set the required bond.

Filing and the $435 Fee

File the packet with the Probate Division of the Santa Clara County Superior Court at 191 North First Street in San José.² The filing fee is $435.¹

If you cannot afford that, submit a Request to Waive Court Fees (FW-001) when you file. You qualify by receiving public benefits, having low income, or not having enough income to cover both basic needs and court costs.¹³

Serving the Papers

After filing, someone at least 18 years old who is not a party to the petition must personally hand-deliver the citation and a copy of the petition to the proposed conservatee at least 15 days before the hearing.¹⁴ Relatives within the second degree must be mailed copies of the notice and petition, also at least 15 days before the hearing. Missing that deadline, or skipping a relative, will delay the case. For a limited conservatorship, remember the separate 45-day service on the San Andreas Regional Center.

The Court Investigation

Before the hearing, a court investigator will contact the proposed conservatee and conduct an in-person interview. This is required by statute and is not a formality. The investigator must also interview the petitioner, the proposed conservator if different, the spouse or domestic partner, close relatives, and, where practical, neighbors and friends.¹⁵

During the interview with the proposed conservatee, the investigator has to explain what the petition says, what a conservatorship would mean, and the person’s rights to oppose it, attend the hearing, request a jury trial, and have an attorney (court-appointed if they cannot afford one). The investigator then evaluates living conditions and care, reviews the medical evidence, and files a report with the judge that includes a recommendation on whether the conservatorship should be granted and whether the proposed conservator is a suitable choice. That report carries significant weight.

In a limited conservatorship, the protections are stronger still: the conservatee is not presumed incompetent, keeps every right not specifically transferred by court order, and the arrangement must be tailored as narrowly as the person’s actual limitations require.³

The Hearing and Letters of Conservatorship

At the hearing the judge reviews the petition, the supplemental information, the capacity assessment, and the investigator’s report. The proposed conservatee or any relative who wants to contest the petition has the right to be heard. The judge must find that the legal standard for incapacity has been met and that the proposed conservator is qualified.

If the petition is granted, the judge signs the Order Appointing Probate Conservator and issues the Letters of Conservatorship (GC-350). The Letters are what you actually use in the outside world. Banks, hospitals, and government agencies will ask to see certified copies before dealing with you on the conservatee’s behalf.¹⁶

What Starts the Day You Are Appointed

Bond

If you are appointed conservator of the estate, the court will almost always require a surety bond. The amount is based on the total value of personal property in the estate, plus the probable annual income from all assets, plus any government benefit payments the conservatee receives, with an added percentage to cover potential recovery costs.¹⁷ A judge can reduce the bond for good cause but cannot waive it entirely unless the court finds the conservatee will not be harmed. Annual premiums typically run between 0.5 percent and several percent of the bond amount, paid from the estate.

Inventory and Appraisal

Within 90 days of appointment, you must file an Inventory and Appraisal listing every asset in the estate as of the date the conservatorship began. Cash and cash equivalents you can value yourself; most other property, including real estate, stocks, and business interests, must be appraised by a court-appointed probate referee.¹⁸

Accountings

Conservators of the estate file a formal accounting one year after appointment and at least every two years after that, detailing every dollar in and out.¹⁹ Miss the deadline and the court issues a mandatory written notice ordering you to file within 30 days.

Court Investigator Reviews

A court investigator conducts a review six months after appointment, then at the one-year mark, and annually after that. The investigator visits the conservatee, evaluates placement, care, and finances, and reports to the judge on whether the conservatorship is still appropriate. The investigator is also required to discuss less restrictive alternatives with the conservatee when possible.²⁰

Getting Paid

Conservators can be compensated, but only with court approval. Once the inventory and appraisal has been filed and at least 90 days have passed since the Letters were issued, the conservator can petition for compensation the judge finds “just and reasonable.” Attorney fees follow the same approval process, and all compensation is charged to the estate.²¹ Attorney fees for conservatorship work in California generally range from $150 to $600 per hour depending on complexity and the attorney’s experience, and a professional fiduciary serving as conservator may charge $50 to $150 per hour. Those numbers matter for a modest estate, because bond premiums, appraisals, attorney fees, and fiduciary charges all come out of the conservatee’s own money.

If no suitable family member or private party is available to serve, the Santa Clara County Public Guardian’s office can be appointed, and the county’s Social Services Agency handles the day-to-day work.²²

1
Judicial Council of California. Statewide Civil Fee Schedule Effective January 1 2026
2
Superior Court of California, County of Santa Clara. Court Telephone Numbers and Email Addresses
3
California Legislative Information. California Code Probate Code 1801 – Persons for Whom Conservator May Be Appointed
4
California Legislative Information. California Code Probate Code 2351.5
5
Superior Court of California, County of Santa Clara. Limited Conservatorship Instructions
6
California Legislative Information. California Code Probate Code 2250
7
Superior Court of California, County of Orange. LPS Mental Health Conservatorship
8
California Legislative Information. California Code Probate Code 4124
9
Judicial Council of California. Petition for Appointment of Probate Conservator
10
Judicial Council of California. Confidential Supplemental Information – Probate Conservatorship
11
Judicial Council of California. Confidential Capacity Assessment and Declaration – Probate Conservatorship
12
California Legislative Information. California Code Probate Code 1821 – Petition for Appointment
13
Judicial Council of California. Request to Waive Court Fees
14
California Courts. Serve Conservatorship Papers in Person
15
California Legislative Information. California Code Probate Code 1826
16
Judicial Council of California. Letters of Conservatorship
17
California Legislative Information. California Code Probate Code 2320
18
California Legislative Information. California Code Probate Code 2610 – Inventory and Appraisal of Estate
19
California Legislative Information. California Code Probate Code 2620 – Presentation of Account of Assets of Estate
20
California Legislative Information. California Code Probate Code 1850
21
California Legislative Information. California Code Probate Code 2640
22
County of Santa Clara Social Services Agency. Public Administrator, Guardian, Conservator