When a loved one can no longer manage their finances or property, a California Conservatorship may become necessary. For many families, this decision comes with urgency, legal complexity, and uncertainty—especially when real estate is involved.
If you’re facing this situation, you’re likely asking:
- What is the process to set up a conservatorship in California?
- How long does it take?
- What happens to the home or other real estate?
- Will the property need to be sold—and how does that work?
This guide walks you through the key steps of the conservatorship process, based on insights from a California probate attorney. More importantly, it will help you understand how these legal steps connect to managing—and potentially selling—real estate during a conservatorship.
Because in many cases, the court process is only one part of the challenge. Knowing what to do with the property is the next.
Jennifer F. Scharre, probate and trust attorney, discusses the process to create a California Conservatorship and the probate process to create one.
If you’re dealing with a conservatorship and a property in Santa Clara County, it’s important to understand your options early. The decisions you make now can impact timing, court approval, and ultimately the outcome of a future sale.
Once you have made the decision or you have worked with an attorney and determined that a California conservatorship is necessary, the next thing you need to do is file your documents with the court. There are a variety of judicial council forms, and they are literally fill-in-the-blank forms on the Internet. Most court websites actually have very helpful self-help pages that explain to you all of the documents that need to be filed.
Probate Process for California Conservatorship
The first of these documents is a petition for probate. This is your essential document that tells the court what you are asking for and why you are asking for it. Another essential document is what is called Confidential Supplemental Information. In the petition for probate, because that is a public court record, you do not want to go into too much detail about someone’s medical diagnosis or personal information – especially where you have some of those challenging family dynamics. The supplemental confidential information is really your opportunity to explain to the court and the court staff what’s really going on and why this is really necessary.
California Conservatorship Court Investigator
You will also be working throughout this process with someone called a court investigator. This is the person that the court relies on as the boots on the ground. They go out and meet the proposed conservatee, they meet with the conservator, and they may be calling family members or friends to figure out what is going on so that they can complete their own investigation. Ultimately, they will make their own recommendation to the judge. I’d say most of the time, the judge weighs heavily on that court investigator’s report and will make the decision they recommend.
Make sure you always go to the court website to look at the local rules, as each county has specific items that they need before a conservatorship can be filed.
Sometimes you may have to call the court investigator’s office. Sometimes a capacity declaration is required in advance, so you may need to speak to the client’s doctors. Just be aware of all of the requirements that are necessary. Because really, you are asking the court to take away someone’s freedom, and they take that very seriously.
Additional Videos
California Conservatorships
Conservatorship vs Trust
Difficulties of a Conservatorship
If you need to create a California Conservatorship, working with an experienced probate attorney is essential. Legal guidance ensures the process is handled correctly and avoids costly delays. For additional information, review the Handbook for Conservators by the Judicial Council of California.
And if the conservatorship involves real estate—whether now or in the near future—you don’t have to figure that out on your own.
I specialize in helping families navigate the sale of property held in conservatorship, probate, or trust situations throughout Santa Clara County. From preparing the home for market to coordinating with attorneys and court requirements, I help simplify what can otherwise feel overwhelming.
If you have questions about selling a property during a conservatorship—or want to understand your options—reach out for a confidential conversation.
👉 [Contact Kathleen Daniels – Probate & Trust Real Estate Specialist]
Or, if you need legal help to establish a conservatorship:
👉 Request Legal Help From a California Attorney