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Probate

Probate Division

The Probate Division located at the North Butte County Courthouse facility (1775 Concord Avenue, Chico) handles all Probate matters including Conservatorship, Estate, Guardianship and Trust cases for the entire county.

Probate Overview

Cases related to the personal and financial affairs of adults and children are heard in the Probate Division, including:

  • The appointment of personal representatives including guardianships for children and conservatorships for incapacitated adults;
  • Transfer of property of people who have died;
  • Petitions regarding trust administration;
  • Review and accounting of guardians and conservators;
  • Disputes about wills, trusts, and powers of attorney; and
  • Other matters that may arise under the Probate code.

Guardianships

There are two types of guardianship:

Guardianship of the person: The court orders that an adult (a guardian) other than a child's parent has the right to make legal decisions in a child's life and has responsibility for the child's care. The guardian must also provide the child with housing, food, clothing, and is responsible for the child's safety and protection. 

Guardianship of the estate: The court orders someone to manage the child's finances. Guardianships of the estate are needed if a child has a lot of money, income, or property. For example, if the child inherited a lot of money from a parent who passed away. 

Conservatorships

A conservatorship is a court proceeding where a judge appoints a responsible person or organization to care for another adult who cannot care for themself or their finances. A conservatorship must be the least restrictive type of assistance needed to help the person lead a life of their choice. Because people need different levels and types of help there are different types of conservatorships: General Conservatorships and Limited Conservatorships. With either type of conservatorship, the conservator may handle just the care of the person or may also manage the person's finances.

  • If they're responsible for a person's care and protection, it's called a conservatorship of the person.
  • If they handle finances, it's called a conservatorship of the estate.

Wills, Estates, and Trusts

Wills are a written document that leaves the estate of the person who signed the will to the appointed persons or entities.

Estates are a person’s possession including money, jewelry, securities, and land. Probating an estate is the Court-supervised process for identifying and gathering the decedent's assets; paying taxes, debts and expenses; and distributing the balance to beneficiaries. These duties are handled by a court appointed personal representative. 

Trusts are an entity created to hold assets for the benefit of certain people or entities, with a trustee managing the trust.

Probate Investigators

Probate Court Investigators assist the Court by gathering objective information in conservatorship and guardianship matters. Their role is to interview involved individuals, review available records, and provide the judge with a summary of facts that will help the Court make decisions that protect vulnerable adults and minors.

Conservatorship Investigations
In conservatorship cases, the Court assigns a Court Investigator to meet with the proposed conservatee and evaluate the suitability of the proposed conservator. The Investigator explains the petition, discusses the conservatee’s rights, and gathers information about the conservatee’s needs, abilities, and preferences. After the conservatorship is established, the Investigator conducts periodic follow‑up reviews as required by law to help the Court ensure the arrangement continues to meet the conservatee’s needs.

Guardianship Investigations
In guardianship cases involving a minor, the Court Investigator meets with the proposed guardian and the minor to learn about their living situation, the proposed guardian’s ability to provide care, and the parents’ involvement. The investigation may include interviews and a review of relevant records. The Investigator prepares a report for the Court with information that helps the judge determine whether the proposed guardianship is appropriate and in the best interest of the minor. If guardianship is established, the guardian must file a yearly Form GC-251: Confidential Guardianship Status Report , which the Investigator reviews before making a recommendation to the Court on whether the guardianship should continue.

Probate Forms

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Probate Packets

Click the button below for Probate Forms packets.

Remote Appearances

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