A conservatorship of the estate is a court-supervised proceeding used when an adult cannot adequately manage financial resources or resist fraud and undue influence. At Westlake Law Group, we represent spouses, adult children, family members, and other interested parties throughout Westlake Village, Thousand Oaks, Calabasas, Ventura County, and Los Angeles County in probate conservatorship matters involving court appointment of a conservator of the estate.

Conservatorship proceedings involve strict procedural requirements, fiduciary duties, court investigation, notice rules, and ongoing financial reporting. Early legal guidance can reduce delay, prevent avoidable disputes, and help protect the conservatee's assets.

If you need assistance petitioning for a conservatorship of the estate or responding to an existing conservatorship matter in Southern California, call (818) 444-2022 or request a confidential consultation at https://www.californiatrustattorney.com/contact-us/.

What Is a Conservatorship of the Estate?

A conservatorship of the estate is a probate court proceeding in which a judge appoints a conservator to manage the conservatee's finances and property. The conservator's authority is limited to the powers granted by the court and must be exercised under ongoing court oversight.

Conservatorships are governed by Division 4 of the California Probate Code. Statutory grounds for establishing a conservatorship (including financial inability or vulnerability to undue influence) appear in Probate Code section 1801:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1801

California law also emphasizes that a conservatorship should be ordered only when less restrictive alternatives are not sufficient. See Probate Code section 1800.3:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1800.3

Conservatorship of the Estate vs. Conservatorship of the Person

A conservatorship of the estate focuses on financial management, including payment of expenses, safeguarding property, collecting income, and handling assets and liabilities. A conservatorship of the person focuses on personal care decisions such as residence, medical care, and daily needs.

In many cases, a conservatorship of the estate is requested together with a conservatorship of the person, but they involve different powers and responsibilities.

What a Conservator of the Estate May Be Responsible For

Depending on the conservatee's circumstances and the court's orders, a conservator of the estate may need to address:

  • Bank accounts and cash management
  • Investment and brokerage accounts
  • Retirement benefits and other income streams
  • Real property management (including repairs, insurance, rent collection, or sale)
  • Bill payment and debt management
  • Business interests and entity administration
  • Claims, refunds, or litigation proceeds payable to the conservatee
  • Protection against financial exploitation

Conservatorship authority typically applies to assets owned or controlled by the conservatee. Identifying how property is titled and whether assets are held in trust, jointly, or with beneficiary designations is often central to determining what is actually subject to court supervision.

When a Conservatorship of the Estate May Be Necessary

A conservatorship of the estate is commonly pursued when an adult cannot manage finances due to conditions such as dementia, Alzheimer's disease, stroke, traumatic brain injury, serious mental impairment, or other functional limitations, and there is no effective alternative already in place.

Common scenarios include:

  • No valid durable power of attorney, or a power of attorney is being rejected by financial institutions
  • Suspected elder financial abuse, coercion, or exploitation
  • Unpaid bills, tax issues, or unsafe spending creating risk of loss
  • Need to sell or refinance real property to pay for care
  • Family conflict regarding access to funds or payment of expenses
  • Concerns about undue influence by caregivers or third parties

General information about conservatorships is available through the California Courts Self-Help Guide:
https://selfhelp.courts.ca.gov/conservatorships

The Petition and Court Process

Establishing a conservatorship of the estate generally requires filing a petition in the Probate Division of the Superior Court, providing notice to relatives and interested persons, and completing required investigation steps before the hearing.

A typical process includes:

Duties and Fiduciary Obligations of a Conservator of the Estate

A conservator of the estate is a fiduciary and must act in the best interests of the conservatee, maintain accurate records, avoid conflicts of interest, and comply with court orders. Conservatorship work is not informal financial help; it is a supervised role with enforceable duties and potential liability for misuse, commingling, or failure to comply with reporting requirements.

Probate Code section 2401 addresses the standard of care expected of a conservator of the estate:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=2401

Inventory and Appraisal Requirements

After appointment, conservators of the estate generally must identify, inventory, and obtain appraisals of the conservatee's assets and file an Inventory and Appraisal with the court. These requirements are addressed in Probate Code section 2610:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=2610

Common Judicial Council forms used in the inventory and appraisal process include:

Ongoing Accountings and Court Supervision

Most conservatorships of the estate require periodic accountings showing income received, expenses paid, asset changes, and proposed actions. Accountings reduce the risk of disputes and provide transparency to the court and interested parties.

Probate Code section 2620 addresses when and under what circumstances an accounting is required:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=2620

California Rules of Court, rule 7.575, addresses conservatorship accountings, including standard and simplified accounting requirements:
https://courts.ca.gov/cms/rules/index/seven/rule7_575

Conservators may also use Judicial Council accounting forms depending on the court's requirements, including Summary of Account—Standard and Simplified Accounts (GC-400(SUM)):
https://selfhelp.courts.ca.gov/jcc-form/GC-400%28SUM%29

Court Approval for Major Financial Decisions and Substituted Judgment

Certain transactions in a conservatorship can require advance court approval, especially when they involve significant assets, real property, gifting, trust creation, beneficiary changes, or other actions that can materially affect the estate.

In appropriate cases, a conservator (or other interested person) may petition for a substituted judgment order to authorize specific actions for the conservatee's benefit, tax planning, or other approved purposes. This authority is addressed in Probate Code section 2580:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=2580

Educational Guidance for Conservators and Families

The Judicial Council of California provides a comprehensive Handbook for Conservators, which explains conservator duties, court processes, and common compliance issues:
https://courts.ca.gov/sites/default/files/courts/default/2024-12/handbook.pdf

California Courts also provide an overview of conservator responsibilities, including inventory and appraisal and accounting concepts:
https://selfhelp.courts.ca.gov/introduction-being-conservator

Contested Conservatorships and Financial Disputes

Conservatorship of the estate matters can become contested when family members disagree about whether a conservatorship is necessary, who should serve, whether the conservatee is being exploited, or how assets should be managed. Disputes may involve:

  • Objections to the initial petition
  • Competing petitions for appointment
  • Allegations of mismanagement or elder financial exploitation
  • Requests for court instructions regarding spending or asset sales
  • Surcharge, removal, or modification proceedings
  • Challenges to accountings and fee requests

When disputes arise, careful evidence development and procedural compliance are essential.

Conservatorship of the Estate in Ventura and Los Angeles County Courts

Conservatorship matters are handled in the Probate Division of the California Superior Court.

Westlake Law Group represents clients in:

Ventura County Superior Court – Probate Division
https://ventura.courts.ca.gov/divisions/probate

Los Angeles County Superior Court – Probate Division
https://www.lacourt.ca.gov/courthouse/mode/division/probate

Local filing requirements, investigator procedures, and court preferences can vary by county. Our familiarity with these courts allows us to guide clients efficiently through the conservatorship process.

Representative Matters

While every case is unique, Westlake Law Group frequently assists clients with:

  • Petitions for appointment of conservator of the estate
  • Conservatorship administration and compliance guidance
  • Inventory and appraisal preparation and filing
  • Conservatorship accountings and court reporting
  • Disputed conservatorships and contested hearings
  • Requests for court authority for financial transactions and substituted judgment petitions
  • Removal, resignation, or replacement of conservators
  • Defense against claims of mismanagement or breach of fiduciary duty

Frequently Asked Questions

Does a conservatorship of the estate take away all rights from the conservatee?
A conservatorship of the estate primarily affects financial authority. The conservatee may retain decision-making rights outside the scope of the court's orders, depending on the case and any related conservatorship of the person.

How long does a conservatorship of the estate last?
A conservatorship continues until modified or terminated by court order. It may end if capacity is restored, if a less restrictive alternative becomes effective, or upon the conservatee's death (after which different probate or trust administration procedures may apply).

Are conservators required to report to the court?
In most cases, yes. Inventory and appraisal filings and periodic accountings are common requirements. See Probate Code section 2620 and California Rules of Court, rule 7.575:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=2620
https://courts.ca.gov/cms/rules/index/seven/rule7_575

Can a conservator sell the conservatee's house?
A real property sale may require a specific court order and compliance with statutory and local court procedures, depending on the circumstances and the authority granted.

What if family members disagree about who should serve as conservator?
The probate court will evaluate evidence and may consider the conservatee's preferences, family dynamics, conflict of interest issues, and what arrangement best protects the conservatee.

Schedule a Confidential Consultation

A conservatorship of the estate is a significant legal proceeding involving court supervision, fiduciary duties, and ongoing reporting obligations. If you need representation in a conservatorship of the estate matter in Westlake Village, Thousand Oaks, Calabasas, Ventura County, or Los Angeles County, contact Westlake Law Group at (818) 444-2022 or submit a consultation request at https://www.californiatrustattorney.com/contact-us/.

Our office is located at 30699 Russell Ranch Road, Suite 210, Westlake Village, California. To learn more about our attorneys and experience in probate conservatorship matters, visit https://www.californiatrustattorney.com/about/attorneys/.