GC-206-INFO  Information on Probate Guardianship of the Estate 

 

This form is about acting as a guardian of the estate to manage a child’s money 
or other property and preserving it until the child reaches 18 years of age. 

The form explains: 
•  What is a guardian of the estate and who can be appointed as one; 
•  Who can nominate a guardian of the estate, and how; 
•  The court process for appointment of a guardian of the estate; 
•  The powers, duties, and liabilities of a guardian of the estate; 
•  The court’s authority to oversee the guardian of the estate in the  

performance of the guardian’s duties; and 

For information about probate 
guardianship of the person, read 
Judicial Council form GC-205-INFO. 
For information about juvenile court 
guardianship, read form JV-350-
INFO. For a comparison of 
guardianship with juvenile court 
placement with a relative caregiver or 
foster (resource) family, read form 
GC-207-INFO/JV-352-INFO. 

•  The procedures for removing and replacing a guardian or terminating a guardianship of the estate. 

Before asking a court to appoint a guardian, a parent, potential guardian, or other benefactor may find it useful to 
think about these questions: 
•  Does the child really need a guardianship? 
•  What alternatives are available? 
•  Would any of the alternatives be better for the child? 
•  Do the parents agree to the guardianship? 
• 
•  Do you need legal advice or assistance? 

If the parents don’t agree, is there enough evidence to show that the child needs a guardian? 

CAUTION: This form is not a substitute for legal advice. Only a licensed attorney can give advice about how the law applies to 
a specific situation. Click this link, www.courts.ca.gov/selfhelp-findlawyer.htm, for help finding a lawyer. For more information, 
visit the California Courts Online Self-Help Center or talk to your court’s self-help center. 

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What is a guardian of the estate? 
A guardian of the estate is a person appointed by the 
probate court to take control of a child’s money or 
other property, manage that property, and preserve it 
for the child until the child reaches the age of 18 and 
can take control of the property for themselves. The 
court takes appointment of a guardian of the estate 
very seriously, and the law requires the guardian to 
collect and make an inventory and appraisal of the 
property, keep accurate financial records, and file 
regular financial accountings with the court. 
Consulting an attorney for legal advice in managing 
the estate is highly recommended. 

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Are there alternatives to guardianship? 
Yes. The law allows a parent or any other person 
from whom the child receives property to make 
financial arrangements for the child’s property. For 
example, money received by a child may be 
deposited in an account accessible only in specified 
circumstances or by court order until the child 
reaches 18 years of age. This and other protective 

measures can be used without the appointment of a 
guardian of the estate. These financial arrangements 
can be complicated; consulting with an attorney 
before choosing one over another is highly 
encouraged. 
Note: Some financial institutions, insurance 
companies, and courts require the appointment of a 
guardian of the estate before they will release funds to 
a person acting on behalf of a minor child. 

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Who can be appointed as guardian? 
To become the court-appointed guardian of a 
child’s estate, you must: 
•  Be an adult (18 years old or older); and 
•  Show the court that your appointment would be 
in the best interest of the child, considering 
both: 
o  Your ability to manage and preserve the 
child’s estate (money and property); and 
o  Your concern for and interest in the welfare 

of the child. 

 

Judicial Council of California, www.courts.ca.gov 
New January 1, 2023, Optional Form 
Probate Code, §§ 1500–1611, 2100–2335, 
2400–2670 

Information on Probate Guardianship 
of the Estate 

 

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GC-206-INFO  Information on Probate Guardianship of the Estate 

 

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Can a parent or other person name a person 
they want to be appointed as guardian? 
Yes. A parent can nominate a guardian of the 
estate if: 
•  The other parent(s) nominate or consent in 

writing to the nomination of the same guardian 
for the same child; or 

•  At the time the petition for appointment is filed, 
either the other parent(s) are dead or lack legal 
capacity to consent, or the consent of the other 
parent(s) would not be required for adoption of 
the child. 

In addition, any person from whom, or by 
designation of whom, a minor child receives 
property may nominate a guardian of that property. 

The nomination must be made in the petition for 
appointment of the guardian, at the hearing on the 
petition, or in a writing signed either before or after 
the petition is filed. 

A nomination is valid when made, except that a 
written nomination may specify that it is to take 
effect only if one or more events, such as the 
incapacity, detention, or death of the person 
making the nomination, occur. 

Unless a written nomination provides expressly 
otherwise, a nomination remains effective even if 
the person making the nomination dies or becomes 
legally incapacitated. 

Who can file a petition for appointment of a 
guardian of the estate? 
A relative or other person, or the child if 12 years 
of age or older, may file a petition for appointment 
of a guardian in probate court using Petition for 
Appointment of Guardian of Minor (form GC-210) 
in probate court. 

THE APPOINTMENT PROCESS 

Filing the petition 
Once a person has decided that a child needs a 
guardian, the first step in the process is to complete 
Petition for Appointment of Guardian of Minor 
(form GC-210) and all other required documents. 
Then, file the forms with the clerk of the court in 
the county where the child lives unless it would be 
better for the child to file in a different county. 

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Some courts have additional local forms that need 
to be filed along with the statewide forms. 

The petition needs to ask the court to appoint a 
guardian of the estate or a guardian of both the person 
and the estate; give the proposed guardian’s name 
and address and the child’s name and date of birth; 
and state that the appointment is necessary or 
convenient. The petition must also give the names 
and addresses of the child’s parents and other persons 
who have specific relationships with the child. If the 
child is an Indian child, the petition must state that 
fact and give the name and address of any Indian 
custodian and the child’s tribe. The petition must also 
tell the court whether there are any adoption, child 
custody, juvenile court, family law, or other 
guardianship proceedings affecting the child in 
progress in California or any other state or country. 

The court charges a fee for filing a guardianship 
petition. If the child or the child’s estate cannot afford 
to pay the fees, the petitioner may request that the 
court waive the fee requirement. The court clerk can 
provide the required fee waiver forms. 

Notice of the hearing 
Before the court can hold a hearing to decide the 
petition, the person who filed the petition must give 
notice of the hearing to specific persons unless the 
court finds that the petitioner tried diligently and 
couldn’t give notice to a person or that notice would 
be against the interests of justice. The notice must 
include a copy of the petition and a copy of 
Comparison of Guardians With Other Nonparent 
Caregivers (form GC-207-INFO/JV-352-INFO). 

Notice must be given to the child if 12 years old or 
older, the parents, anyone else with legal custody, 
and anyone nominated to be the guardian by 
serving them personally or, if that’s not possible, by 
first-class mail with an acknowledgment of receipt 
requested. For more information about service of 
notice, see What Is “Proof of Service” in a 
Guardianship? (form GC-510). Other persons may 
be given notice personally, by mail, or, if they 
consent, electronically. If the child is an Indian 
child, notice must be mailed to any Indian custodian 
and the child’s tribe as required by the Indian Child 
Welfare Act.

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Investigation 
Unless it finds a good reason not to, the court will 
order an investigation before the hearing on the 
petition to appoint a guardian. The court investigator 
will contact the proposed guardian, the child, and any 
other persons who might know about the child’s 
family and their needs. The investigator will give a 
report to the court and make a recommendation on 
what decision the court should make. 

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Hearing and standard for appointment 
An interested person may appear and object or 
respond to the petition in writing at or before the 
hearing. In addition, an interested person may appear 
and object or respond orally at the hearing. If no one 
objects, the court may decide the matter on the 
verified petition and declarations. If a person objects, 
then the court will consider evidence, determine any 
issues, and make appropriate orders. 

The court or county charges a fee for conducting the 
guardianship investigation. The court can waive its fee 
if it would cause a hardship to the child or the child’s 
estate. The county can also waive its fee because of 
hardship. 

If someone objects to the appointment of a guardian 
or to the petitioner’s appointment as guardian at or 
before the hearing, the court may decide it needs to 
hold a trial. Based on its determination of the child’s 
best interest, the court may grant the petition, may 
grant another person’s petition, or may find that the 
child doesn’t need a guardianship and deny all the 
petitions. 

If the probate court thinks the child has been, or is 
at risk of being, abused or neglected by a parent, the 
court may refer the child to the county child welfare 
agency for an investigation and commencement of 
juvenile court proceedings. If the probate court 
makes a referral, the guardianship proceedings are 
paused, but the probate court can make any order 
necessary to protect the child, including an order 
appointing a temporary guardian or issuing a 
temporary restraining order. 

If, after three weeks, the agency has not notified the 
probate court that it has filed a petition to begin 
proceedings in juvenile court, the probate court or 
the child’s attorney, if the probate court has 
appointed one, may file a request with the juvenile 
court to review the agency’s decision not to begin 
juvenile court proceedings and to order the agency 
to file a petition to begin those proceedings. 

If the juvenile court begins proceedings, the 
guardianship proceedings must remain paused. If the 
juvenile court does not begin proceedings, the 
probate court can hold a hearing and decide whether 
to appoint a guardian.

Based on its determination of the child’s best interest, 
the court may grant the petition, may grant another 
person’s petition, or may find that the child doesn’t 
need a guardianship and deny all the petitions. The 
probate court may appoint a guardian for a child 
when the appointment is necessary or convenient. 
The petitioner must prove to the court that a 
guardianship is needed. 

The court must appoint the person nominated as 
guardian of the estate unless the court determines 
that the nominee is not suitable. Subject to the 
preference for a nominee, the court will consider 
the best interest of the child, taking into account 
the proposed guardian’s ability to manage and 
preserve the estate property and their concern for 
and interest in the welfare of the child. If the child 
is old enough to form an intelligent preference 
about whom should be appointed, the court must 
also consider that preference. 

Oath, letters, and bond 
For an appointment as guardian to be valid, the 
court must sign the Order Appointing Guardian or 
Extending Guardianship of the Person (form GC-
240). The guardian then needs to complete Letters 
of Guardianship (form GC-250) and take both 
forms to the clerk’s office. After the guardian 
affirms that they will perform their duties 
according to law and posts the court-ordered bond, 
the clerk will issue Letters of Guardianship as 
proof of appointment as guardian of the child’s 
estate. The clerk will keep the original Letters in 
the case file. The guardian should buy a certified 
copy from the clerk, make copies of it for use, and 
keep the certified copy in a safe place. Showing the 
Letters to banks and other financial institutions will 
help the guardian perform duties, such as opening 
accounts or making investments, by verifying the 
legal authority to act on the child’s behalf.

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GC-206-INFO  Information on Probate Guardianship of the Estate 

MANAGING THE ESTATE—POWERS AND DUTIES 

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Prudent investments 
As guardian of the estate, you must manage the 
child’s money and property with the care of a prudent 
person dealing with someone else’s property. This 
means that you must be cautious and may not make 
speculative or risky investments. 

Separation of estate money and property 
As guardian of the estate, you must keep the money 
and property of the child’s estate separate from 
everyone else’s, including your own. When you open 
a bank account for the estate, the account name must 
indicate that it is a guardianship account and not 
your personal account. 

You should use the child’s Social Security number 
when opening estate accounts. You should never 
deposit estate funds in your personal account or 
otherwise mix them with your own funds or anyone 
else’s funds, even for brief periods. 

Securities in the estate must be held in a name that 
shows that they are estate property and not your 
personal property. 

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Interest-bearing accounts and other 
investments 
Except for checking accounts intended for ordinary 
expenses, you should place estate funds in interest-
bearing accounts. You may deposit estate funds in 
insured accounts in federally insured financial 
institutions, but you should not put more than 
$250,000 in any single institution. You should consult 
with an attorney before making other kinds of 
investments. 

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Blocked accounts 
A blocked account is a type of account with a 
financial institution in which money or securities are 
placed. No person may withdraw funds from a 
blocked account without the court’s permission. 

Depending on the amount and character of the child’s 
property, the guardian may choose or the court may 
require that estate money or other assets be placed in 
a blocked account. As guardian of the estate, you 
must follow the directions of the court and the 
procedures required to deposit funds in this type of 
account. The use of a blocked account is a safeguard 
and may save the estate the cost of a bond. 

Other restrictions 
Other restrictions on your authority to deal with estate 
assets exist. Without a prior court order, you may not 
pay fees to yourself or your attorney. You may not 
make a gift of estate assets to anyone. You may not 
borrow money from the estate. You may not use 
estate funds to purchase real property without prior 
court order. 

If you spend estate funds without court permission, 
the court may compel you to reimburse the estate 
from your own funds and remove you as guardian. 
You should consult with an attorney concerning the 
legal requirements relating to sales, leases, 
mortgages, and investment of estate property. 

If the child whose estate you are managing has a 
living parent, or if that child receives assets or is 
entitled to support from another source, you must 
obtain court approval before using guardianship 
assets for the child’s support, maintenance, or 
education. You must file a petition or request 
approval in the original petition and set forth 
exceptional circumstances that justify any use of 
guardianship assets for the child’s support. The court 
ordinarily will grant such a petition for only a limited 
period of time, usually not more than one year, and 
only for specific and limited purposes. 

Inventory and appraisal of estate property 
You must locate, take possession of, and protect the 
child’s income and property that will be part of the 
estate. You must change the ownership of all assets 
into the guardianship estate’s name. For real estate, 
you should record a copy of your Letters of 
Guardianship with the county recorder in each 
county where the child owns real property. 

Next, you must arrange to have a designated probate 
referee determine the value of the estate property 
unless this requirement is waived by the court. You, 
not the referee, must determine the value of certain 
“cash items.” An attorney can advise you on this. 

After you have gathered all the child’s money and 
property and determined how much it is worth, you 
must complete and file an Inventory and Appraisal 
with the court within 90 days of appointment using 
forms GC-040 and GC-041. The court may order you 
to return 90 days after your appointment to ensure 
that you properly file the inventory and appraisal.

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Insurance 
You should make sure that the property of the estate 
and any risks to it are protected by appropriate and 
sufficient insurance. You should maintain the 
insurance coverage throughout the entire period of the 
guardianship or until the insured property is sold. 

Records and accounts 
You must keep complete, accurate records of each 
financial transaction affecting the estate. The 
checkbook for the guardianship checking account is 
an indispensable tool for keeping records of income 
and expenditures. You should also keep receipts for 
all purchases. 

Record keeping is critical because you will have to 
prepare periodic accountings of all money and 
property you have received, what you have spent, the 
date of each transaction, and its purpose. You will 
also have to describe in detail the money and property 
remaining after you have paid the estate’s expenses. 

Beginning one year after initial appointment as 
guardian of the estate and then at least every two 
years after that, you must file an accounting for the 
previous period with a petition asking the court to 
review and approve the accounting. The court may 
ask that you explain or justify some or all expenses 
charged to the estate. You should have receipts, 
account statements, and other related documents 
available for inspection in case the court requests 
them. 

If you do not file your accounting as required, the 
court will order you to do so. You may be removed as 
guardian if you don’t file an accounting. If you know 
you are going to need extra time to prepare and file an 
accounting, be sure to ask the court for an extension 
ahead of the deadline. 

You must comply with all state and local rules when 
filing your accounting. The Probate Code requires 
that all accounts be submitted on Judicial Council 
forms. There is a set of forms for standard accounts; 
the numbers of all these forms start with GC-400. 
There is also a set of forms for simplified accounts; 
the numbers of these forms start with GC-405. 

 

California Rules of Court, rule 7.575 explains the 
accounting process and the forms. You should also 
check local rules for any special local requirements. 

An attorney can advise you and help you prepare the 
inventory, accountings, and petitions. If you have any 
questions, you should consult with an attorney. 

FURTHER COURT PROCEEDINGS 

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Court oversight 
The guardian is subject to the regulation and 
control of the court in performing their duties. In 
addition to reviewing periodic accountings, the 
court may order you to enter into specific 
transactions or prohibit transactions for the benefit 
of the child. The guardian, the child, or any 
interested person can ask the court for such an 
order. After notice and a hearing, the court will 
make orders in the best interest of the child. 

Removal and replacement of guardian 
After notice and a hearing on a petition filed by the 
child, a relative or friend of the child, or any other 
interested person, the probate court may remove a 
guardian for specific reasons or when it is in the 
child’s best interest. The court may also suspend the 
powers of the guardian until it can hold a hearing on 
the petition for removal. A guardian may also file a 
petition to resign, and the court must allow the 
resignation if it appears proper. 

If for any reason there is a vacancy, the court may 
appoint a successor guardian after notice and a 
hearing as in the case of the original appointment. 

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Termination of guardianship 
A guardianship of the estate terminates when the 
child reaches age 18 or if the child dies before age 
18, subject to the duty to keep and preserve the 
estate until it is delivered to the child’s personal 
representative and to settle the estate’s accounts. 
The court may also terminate the guardianship if it 
decides that is in the child’s best interest. At 
termination, the guardian must distribute the estate 
property and file a final account and petition for 
discharge with the court.

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