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Probate Examiner
The purpose of the Probate Examiner is to review, for procedural correctness, probate and trust matters currently set for hearing. In addition, the probate examiner reviews all ex parte applications in probate and trust matters and makes recommendations to the Judicial Officer. The examiner posts probate notes on the court's website which can be accessed by any member of the general public. The examiner is available to discuss defects in probate and trust matters and methods to cure those defects with counsel or self-represented parties. Through daily calendar notes the court is informed of the status of all matters. As corrections are filed, the calendar is updated and the appropriate recommendations are made for the court's consideration.
The Stanislaus County Superior Court Probate Examiners are Margaret Middleton and Nina Wendt. You can reach the Probate Examiners to inquire about pre-approved cases or procedural requirements by calling (209) 530-3180.
Decedent's Estates
Estates: There are several types of probate proceedings that may be carried out by the court on small and large estates. Please consult an attorney, paralegal, or do some research at your local law library before filing.
Wills Lodged: Upon the death of a person, the decedent's will must be delivered to the court for safekeeping. This must be done within thirty days of the decedent's date of death. (Probate Code Section 8200) Wills must be delivered to the Probate Unit located in the Civil Clerk's office at 801 10th Street, Fourth Floor, Modesto.
Hearings: Probate matters will be heard Monday through Thursday of each week at 8:30 a.m. Probate matters will be calendared for hearing by the Probate Unit located in the Civil Clerk's office at 801 10th Street, Fourth Floor, Modesto. All petitions and applications which require a hearing will be assigned a calendar date upon filing of the petition.
Forms: Please see Forms page.
Filing Fees: Please see Fee Schedule.
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Court Investigators
The function of a Court Investigator is to investigate conservatorship cases relative to the need for a conservatorship and appropriateness of the proposed conservator. They also conduct investigations in guardianship matters involving relatives of minors. You can reach the Court Investigators by calling (209) 525-4433.
PLEASE, DO NOT BRING CHILDREN WHEN COMING TO DISCUSS THESE MATTERS
Guardianship
A legal guardian is an adult to whom the court has given authority and responsibility for providing care of a child or care of the child's estate or both. A guardian need not be a relative of the child.
Temporary Guardianship
A temporary guardianship enables a person to have legal guardianship of a child prior to the granting of a general guardianship. It cannot be filed separately from a guardianship.
Note: A copy of your paperwork is retained by the clerk's office for forwarding to the Court Investigator's office.
Note: The Community Services Agency investigates non-relative guardianships.
References: For assistance in filing for guardianship, you may consult with an attorney, paralegal, or law library. You may also want to check The Guardianship Handbook published by Nolo Press which is available in your local library or law library. The book is also sold in some bookstores.
Forms: Please see Forms page.
Filing Fees: Please see Fee Schedule.
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Conservatorship
A Conservatorship is a court proceeding to appoint a representative (conservator) for the financial affairs or the personal care of one who is either physically or mentally unable to handle either or both.
Temporary Conservatorship
A Temporary Conservatorship enables a person to have legal conservatorship of an adult prior to the granting of a general conservatorship. It cannot be filed separately from a conservatorship.
Hearings: Hearings for conservatorships are scheduled approximately 45 to 60 days from the date the Petition for Appointment of Conservator is filed.
Note: A copy of your paperwork is retained by the clerk's office for forwarding to the Court Investigator's office.
Forms: Please see Forms page.
Filing Fees: Please see Fee Schedule.
Conservatorship Orientation Session
All filing parties who have filed a Petition for Appointment of Conservator are encouraged to attend an orientation session prior to the assigned court date. This is a 25 minute video. Please call the office of the Court Investigator at (209) 525-4433 to schedule an appointment.
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Adoptions
An adoption is the legal process whereby the natural parents' rights and duties towards the child are terminated by the court and given to the adoptive parents.
A stepparent adoption is an adoption of the child by their stepparent.
Note: It will be necessary to contact the Department of Social Services, Adoption Division for the investigation on stepparent adoption.
An adult adoption is the adoption of a person 18 years or older.
Note: You may only adopt one adult per year unless the adoptees are siblings.
Termination of Parental Rights/Free From Custody is the legal process whereby the rights and duties of the natural parents are terminated by the court.
Hearings: Adoption hearings are set 7 to 10 days after filing the necessary papers.
Note: We must have all necessary documents filed in the case before the Clerk's Office will schedule a hearing. Adoption hearings must be set in person in the Court Clerk's Office at 1100 I Street, Modesto, California.
Forms: Please see Forms page.
Filing Fees: Please see Fee Schedule.
You can also visit the Self-Help Center at the California Courts website at www.courtinfo.ca.gov/selfhelp/.
THE INFORMATION POSTED ON THIS WEB SITE IS NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR TO TAKE THE PLACE OF THE ASSISTANCE OF COMPETENT LEGAL COUNSEL. YOU SHOULD SPEAK TO AN ATTORNEY OF YOUR CHOICE FOR SPECIFIC INFORMATION ABOUT THE FACTS OF YOUR CASE AND YOUR RIGHTS.
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