Kern /divisions/probate

Source: https://www.kern.courts.ca.gov/divisions/probate

Probate Court

Probate Court has original jurisdiction over actions concerning the issuance of marriage licenses, the estate of a deceased person, the will of an individual, the estate of a minor or incapacitated person, trusts, and involuntary commitments. Most probate matters are handled without a jury trial, but Probate Court does have the authority to conduct a jury trial.

Probate Examiner Notes

(Probate Examiner Line: 661-610-6970)

Probate Examiners are employed by the court to review all papers filed with the probate court. They check filings for compliance with the probate code, local court rules, and the policies of the court. As a result of this review, the Probate Examiner may identify procedural deficiencies or other concerns that need to be further addressed before the court hears the matter. This reduces the judicial time required to hear probate cases.

Probate Examiner Notes Email Note Questions to Probate Examiner

Remote Appearances

This is for Probate matters only. If you are appearing remotely please go to Remote Court Hearings and under the section Juvenile Justice Center, select J1-Probate. Please arrive to the remote hearing 30 minutes early.

If you have a Probate Matter set in Traffic Courtroom T1, located at 3131 Arrow St., Bakersfield, CA 93308 and would like to appear remotely, please contact the Probate Clerk's Office at 661-610-6900 or wmprobate.kern.courts.ca.gov.

For further information visit:

California Courts/Judicial Council - Probate Court

Handbook for Conservators and Acknowledgment of Receipt

Fee Schedule

Case Research

To find out if an action has been filed, you may:

Use the online Case Search

Using the “Smart Search” locate the case number for which information is needed (see Search Tips to do this).

Visit the Probate office

2100 College Ave. Bakersfield, CA 93305

Request the information via mail:

Superior Court of California County of Kern

Probate Court

2100 College Ave

Bakersfield, CA 93305

Search request fee, see Fee Schedule

For additional information, see Court Records

Fee Waiver

If you cannot afford to pay court fees, you may apply for a fee waiver. You will be asked to provide information regarding your financial status which will be reviewed by a judge.

Fee Waiver form packets are available at no cost in the Probate Department or download the form here

CONTACT INFORMATION

Juvenile Justice Center

2100 College Ave

Bakersfield, CA 93305

(661) 610-6000

Option 1 (Metro) Option 5 (Probate)

Email questions to Probate

Copy Requests must be submitted through the Document Requests Link below.

Document Requests

Instructions for Submitting Document Requests

Probate Investigations

Relative Guardianship Investigations

The Probate court appoints Family Court Services to conduct investigations of proposed guardians, who are relatives of children whose parents are otherwise unable to meet the best interest of the children pursuant to Probate Code § 1513(a).

Guardianship Pamphlet

Beginning January 2, 2020, Family Court Services has been conducting background checks in relative guardianship cases for all petitioners and other adults residing in the home. A guardianship questionnaire must be completed and submitted to Family Court Services. When submitting the questionnaires, petitioners can email them directly.

Guardianship questionnaire

Guardianship termination

Conservatorship Investigations

The Probate court appoints a Court Investigator to conduct an investigation for limited and general conservatorship proceedings of the person and the estate.

What is a conservatorship?

A conservatorship is a court proceeding in which a judge appoints a family member, friend or other responsible person (conservator) to take care of a dependent adult (conservatee) who cannot care of himself/herself and/or their finances.

There are two types of conservatorships, person and estate.

Conservatorship of the Person: In these situations, the conservator is responsible for ensuring the conservatee has proper food, clothing, shelter, and health care. Depending on the conservatee’s ability to understand and make decision, the conservator may need to make important medical choices for him or her.

Conservatorship of the Estate: The conservator handles the conservatee’s financial matters. These responsibilities include the conservatee’s finances, protecting income and property, paying bills, making investments, preparing and filing taxes on behalf of the conservatee. The conservator is also required to make regular reports of financial account to the courts and other interested parties.

General Conservatorship v. Limited Conservatorship

General Conservatorships: Are for elderly people, but can also be for younger people who have been seriously impaired, for example a traumatic brain injury as result of a motor vehicle accident.

Limited Conservatorships: Are for adults with developmental disabilities who cannot fully provide basic needs of food shelter and clothing or their finances. Conservatees in Limited Conservatorships do not need the higher level of care that conservatees in General Conservatorships need. The responsibility of the limited conservator is to help the limited conservatee develop maximum self-reliance and independence.

What is a temporary conservatorship?

A temporary conservatorship may be set up when a person needs immediate help. A judge may appoint a temporary conservator to take care of the conservatee’s immediate needs until a permanent conservator can be appointed. A temporary conservator may be a conservator of the person, conservator of the estate, or both. He or she arranges for temporary care, protection, and support of the conservatee and protects the conservatee’s finances and property from loss or damage until a permanent conservator can be appointed. The authority of the temporary conservator is much more limited than a permanent conservator.

What is a Lanternman-Petris-Short (LPS) Conservatorship?

Lanternman-Petris-Short (LPS) conservatorships are based on the Lanternman-Petris-Short Act of 1969 law named after its sponsors. The LPS conservatorships are created to arrange for certain types of very restrictive living arrangements and extended mental health treatment for people who are unable to provide for their own needs for food, clothing, or shelter as a result of a mental disorder or chronic alcoholism, and who cannot agree to the arrangement of treatment voluntarily. This process must be started by a local government agency, usually a county’s public guardian or public conservator. Therefore, Family Court Services does not cover these conservatorships.

Conservatorship handbook

Probate FAQs

Where do I file a Probate Case?

Venue for Probate, Guardianship, Conservatorship, Minor Compromise (where no civil case exists) and Fact of Birth, Marriage, and Death cases is the Juvenile Justice Center located at 2100 College Ave, Bakersfield, CA 93305

Can the clerks give me Legal Advice?

No, court employees may not give advice as to which legal forms to use or how to complete the forms.

What if I can’t pay some or all of the filing fees?

You may ask the court to waive all or some of the fees by completing the applicable fee waiver request forms, and if granted an order will be made as to the fees waived. Forms may be obtained in person in the Probate Department or you may visit the California Court Judicial Branch website.

Does the Court provide a list of probated property?

The court does not provide such a list. Postings for upcoming petitions for sales of property can be found on a bulletin board located just outside the Probate Department.

How do I contact the Kern County Probate Referee?

Michael Burger is a Kern County Probate Referee; you may contact his office directly at 661-588-4381

Shane S. Boroomand is a Kern County Probate Referee; you may contact his office directly at 661-476-6800

Where can I check to see if a probate action has been filed?

To find out if an action has been filed, you may:

Check online

Using the “Smart Search” locate the case number for which information is needed (see Search Tips to do this).

Visit the Probate office

2100 College Ave Bakersfield, CA 93305

Request the information via mail

Superior Court of California

County of Kern

Probate Department

2100 College Ave Bakersfield, CA 93305

How can I request copies via mail?

A written request will need to be submitted for copies, which provides the case number, date and name of the document(s) requested, your contact information, the fee, and a self-addressed stamped envelope. When requesting a copy of a will, a court order for production of the will or a certified copy of a death certificate of the decedent must also be included. Please make checks payable to Kern County Superior court.

Can I appear telephonically to Probate Court?

Court call appearances may be made in accordance to California Rules of Court, rule 3.670, and arranged directly with CourtCall LLC.

CourtCall LLC may be reached by dialing 1-888-88-COURT or 1-888-882-6878 or contact CourtCall on their website.

You must pre-clear your appearance by contacting Court Call at least five (5) COURT days prior to the hearing.

How can I become the guardian of a minor?

You will have to petition the court for guardianship in the Probate Department, basic information about probate guardianships for children is contained in the Guardianship Pamphlet form GC-205. To obtain additional information regarding guardianships, you may click here to visit the California Court Judicial Branch website for additional information.

How does a guardianship terminate?

A guardianship ends when 1 of the following occurs:

The child turns 18

The child is adopted, marries, enters the military, or is declared an adult (emancipated) by court order

The child dies before turning 18; or

The court ends the guardianship.

You may visit the California Court Judicial Branch website for additional information by clicking this link.

How can I become the conservator?

You will have to petition the court for conservatorship in the Probate Department. To obtain additional information regarding conservatorship, you may click here to visit the California Court Judicial Branch website for additional information.

Where can I find the Handbook for Conservators?

You can download the handbook from the Judicial Council's website Handbook for Conservators. The law says you must have a copy of this handbook.

Probate Form Packets

Fact of Birth Packet

Affidavit re Real Property of Small Value Packet

Fact of Death Packet

Fact of Marriage Packet

Conservatorship Packet

Objection to Guardianship Packet

Guardianship Packet

Petition for Termination of Guardianship

Spousal Property Packet

Petition to Determine Succession Packet

Petition for Probate Packet

Temporary Guardianship Packet

Additional and electronically fillable forms are available here.

Probate Local Forms

Petition and Report of Personal Representative

Petition for Settlement of Final Account/Account Current – Conservatorship/Guardianship

Addition Local Forms are available here.