Tuesday, September 16, 2014

General Information

The Probate Court is responsible for overseeing the distribution of the assets of persons who have died. The Probate Division of the Sacramento Superior Court also watches over a variety of protective proceedings. It monitors the personal and property rights of minors and adults who are unable to take care of themselves or their property. The court reviews the conduct of those responsible for the care and custody of the person and/or estate of minors and adults on an on-going basis.

Generally, the types of cases which are heard in the Probate Court are one of the following types:

  • Decedents' Estates: The transfer of property that belonged to someone who has died (the decedent).
  • Trusts: The administration of living and testamentary trusts.
  • Conservatorships: Choosing a person to oversee the finances and/or the care of the older adult or a developmentally disabled adult who cannot take care of him/herself.
  • Guardianships: Authorizing a person to oversee the finances and/or the care of a child whose parents are unable to care for him or her.
  • LPS (Lanterman-Petris-Short Act) proceedings: The appointment of a person to make certain mental health decisions for someone who is gravely disabled and is unable to care for his/her personal needs.