Probate Department of the Court

The San Bernardino County Probate Department of the Court handles court matters involving decedents’ estates, trusts, guardianships, conservatorships, and certain mental health proceedings. This article explains which probate services the Superior Court provides, where probate matters are handled, how electronic filing and court records work, how to review Probate Notes before a hearing, what information to prepare when contacting the court, and which official systems and forms apply to different types of probate cases.

Probate Department Responsibilities

The Probate Department of the Superior Court is responsible for several distinct types of proceedings. Although they are grouped within the probate division, the purpose and requirements of each proceeding are different. Identifying the type of matter involved before looking for forms, case information, or filing instructions can prevent confusion.

Probate matters handled by the court include proceedings involving the property and affairs of a person who has died. The department also handles trust proceedings, in which the court may be asked to address matters involving a trust. Conservatorship proceedings concern adults who may be unable to provide for their personal needs, manage their financial resources, or protect themselves from undue influence. Guardianship proceedings generally concern children and may involve custody of the child, management of the child’s property, or both.

The Probate Department also handles CARE Act proceedings. These cases involve a separate statutory process for qualified persons seeking court assistance concerning treatment and support for an eligible adult with schizophrenia spectrum or another qualifying psychotic disorder. CARE Act petitions are handled at the Fontana District.

Probate case locations

The court states that decedents’ estates, trusts, and conservatorships are filed and heard at the Fontana and Victorville Districts. The Probate Clerk’s Office and probate courtrooms are located at the Fontana, Needles, and Victorville Districts. Because a particular proceeding may be assigned to a specific district or courtroom, parties should rely on their court documents, hearing information, and case records when determining where a matter is scheduled.

CARE Act proceedings have a more specific location rule. The court states that CARE Act petitions are filed and heard at the Fontana District. The court’s CARE Act information also identifies Department F3 at the Fontana District for CARE Act hearings, with remote appearance availability.

Probate Business Office Services

The Probate Business Office is open Monday through Friday and performs several administrative functions for probate customers. Its services include accepting filings, selling forms and packets, allowing customers to view records, and accepting wills for deposit. Some case records can also be purchased online instead of being obtained through an in-person visit.

The Business Office should be distinguished from the Probate Examiners and Court Investigators. These groups serve different functions within probate cases. The Business Office deals with filings and records. Probate Examiners work with existing cases when deficiencies have been identified in matters pending before the court. Court Investigators perform investigations required in certain conservatorship and guardianship proceedings.

Court staff can provide administrative information but cannot provide legal advice. Questions about what a party should request from a judge, how legal rights apply to particular facts, or how a disputed probate issue should be resolved are different from administrative questions about court filings, records, or Probate Notes.

Electronic Filing Rules

The court provides a dedicated Probate eFiling system and filing information. Electronic filing requirements differ depending on whether the person filing is an attorney or a self-represented litigant.

Electronic filing became mandatory for attorneys in the Probate Division effective June 16, 2025. Self-represented litigants may continue to file probate documents electronically on a voluntary basis. A person representing himself or herself therefore is not placed under the same mandatory eFiling rule described for attorneys.

The court provides separate Probate eFiling requirements, frequently asked questions, a workshop, and an ineligible-document list. These materials are particularly useful before submitting a document because not every document is eligible for electronic filing.

Documents excluded from eFiling

Appeal documents are ineligible for Probate eFiling. This distinction matters because a document connected with a probate case is not automatically eligible for submission through the probate electronic filing system. Anyone preparing an appeal document should follow the court’s appeal procedures rather than assuming the probate eFiling portal can accept it.

The court also maintains an updated Probate eFiling Ineligible List. Reviewing the applicable requirements before submission can help avoid using the electronic system for a document that must be handled another way.

Self-represented filing preparation

The Probate eFiling page directs self-represented litigants to court self-help guides covering property after someone dies, probate, and guardianships. These materials can help a person identify the forms relevant to the proceeding before attempting to submit documents electronically.

Local court forms may also apply. The court maintains a San Bernardino County local forms directory containing probate-specific and general forms. Probate forms listed there include confidential information sheets for conservatorship, guardianship, intestate probate, testate probate, and trust matters, as well as forms addressing conservatorship contact information, guardianship objections, bond waivers, court-supervised trusts, and final distribution matters.

A form being available on the court website does not mean it is required in every probate case. The type of proceeding and the filings being made determine which forms apply.

Case Information and Documents

The Superior Court directs users seeking online case information and documents to the Court Access Portal. The court’s Case Information & Documents page serves as the official starting point for that service.

The Court Access Portal, commonly referred to as CAP, provides public access to qualifying case information. The court states that only case information specified under California Rules of Court, rule 2.503, is available to the public through the online portal.

CAP information should not be confused with the court’s official record. The portal specifically states that information provided through the system does not constitute the official record of the court. This distinction is useful when someone is reviewing online information for reference but needs an official filed document or official court record for another purpose.

Portal registration requirements

Registration is required for CAP users who want to view minute orders or purchase documents. This requirement applies to attorneys and litigants as well as other users of those features. The portal provides registration instructions through its FAQ and instructional materials.

The Probate Business Office also allows customers to view records, while some records can be purchased through the online portal. The appropriate method therefore depends on what record is needed and whether it is available through CAP.

Case numbers matter

A probate case number is particularly useful when locating information in online records or Probate Notes. Users should avoid substituting another identifier for the probate case number when a court system specifically requests the case number. Court systems can use different identifiers for different functions, so entering the number exactly as it appears on the probate case documents is the safest approach.

Probate Notes Before Hearings

Probate Notes are court-provided notes for probate matters appearing on the calendar. For hearings scheduled November 15, 2022, and later, the notes are available through the Court Access Portal.

Probate Notes are generally posted about two weeks before the hearing. They remain available for seven days after the hearing date. The court advises users to print or save their notes if they may need them later because the online availability period is limited.

Updates are usually posted three court days before the hearing. Documents filed late may not be reviewed before the hearing and can result in the case being continued. A party should therefore avoid assuming that a recently filed document will automatically be reviewed in time simply because it has been submitted before the hearing date.

Searching within Probate Notes

The court instructs users to search Probate Notes by probate case number. When notes are displayed in a PDF, a person can use the document’s Find function and enter the case number to move to the relevant case. The court gives “SPR 12345” as an example of the type of probate case number used for this search.

This method is more reliable than scanning a lengthy Probate Notes document by names alone. Using the exact case number also reduces the risk of reviewing comments belonging to another matter with a similar party name.

Questions about examiner comments

Probate Examiners may assist with understanding comments appearing in Probate Notes for existing cases. Their role is limited. They cannot provide legal or procedural advice through the Probate Notes email service, and they cannot advise a party how to clear a deficiency.

When an attorney or party to the case emails a question about Probate Notes, the court requires identifying information in the subject line. The subject should include the hearing date, department, case number, and case caption. The message should include the sender’s name, and attachments should not be included.

The Probate Notes email service should not be used to:

Confirm that a document has been filed.
Ask whether a document was received.
Send responses or attachments addressing Probate Notes.
Dispute a requirement shown in the notes.
Ask how to correct or clear a probate deficiency.
Request legal or procedural advice.

Email service is also unavailable for cases sent to Legal Research. Research Attorneys do not respond to emails regarding those cases.

Conservatorship Proceedings

A probate conservatorship proceeding involves court review of the circumstances of an adult who may be unable to provide for personal needs, manage finances, or protect himself or herself from undue influence. The court identifies General Probate Conservatorships, Limited Conservatorships, and Lanterman-Petris-Short, or LPS, Conservatorships as separate types of conservatorship actions.

A General Probate Conservatorship may involve an adult unable to provide for personal needs because of physical injury, dementia, or other circumstances that affect the ability to care for oneself or create vulnerability to undue influence. A Limited Conservatorship is for a person who is developmentally disabled and is structured so that the conservatee can remain as independent as possible. LPS conservatorships involve different requirements for persons who are gravely disabled due to a mental disorder. LPS cases are confidential and may be accessed only by parties to the action or their attorney of record.

Basic filing sequence

The court describes the process for establishing a probate conservatorship in six general stages:

Gather the information needed to complete the forms.
Complete the required forms.
File the forms with the court.
Obtain a hearing date and case number.
Serve the required forms.
Attend the proposed conservator training class.

The court provides an online conservatorship orientation for the required training component.

Court investigator involvement

After a probate conservatorship petition is filed, a court-appointed investigator interviews the proposed conservatee, proposed conservator or conservators, and other individuals or agencies that may provide relevant information. The investigator prepares a report for the court before the hearing.

Court Investigators also conduct periodic investigations after a conservator has been appointed. The purpose is to determine whether the conservatee’s needs are being met. General and Limited Conservatorships are monitored by the court, and the court states that an investigator visits the conservatee and speaks with the conservator and other people or agencies providing services on a yearly basis.

Estate accounting obligations

A conservatorship of the estate creates continuing financial responsibilities. The conservator must keep estate assets separate from personal funds and maintain accurate records of financial transactions. The court requires an inventory and appraisal within 90 days after appointment as conservator of the estate.

The conservator of the estate must request court review and approval of an accounting one year after appointment and at least every two years afterward. Receipts and other supporting documents should be maintained because the court may require the conservator to justify expenditures.

The court also describes restrictions on use of estate property. Without prior court authorization, a conservator may not pay fees to himself or herself or to an attorney, make gifts of estate assets, borrow from the estate, or use estate funds to purchase real property. These requirements are part of the conservator’s court-supervised responsibilities rather than ordinary personal financial management.

Probate Guardianship Cases

The court’s guardianship information explains probate guardianships involving children. A guardianship is a court process through which a person other than a parent can receive custody of a child, authority over the child’s property, or both.

A guardianship of the person concerns care and custody. A guardianship of the estate concerns management of the child’s property. Appointment requires a petition and approval from the court.

Before filing a petition

The court advises prospective petitioners to consider whether a guardianship is necessary, whether alternatives have been considered, whether the parents consent, and whether legal assistance is needed. If a guardianship is pursued, the process begins by completing and filing the petition and other required documents with the clerk.

Specific persons must receive notice unless the court excuses the notice requirement. The court may also order an investigation. If an investigation is required, the child, proposed guardian, and other persons considered relevant may be contacted, and the investigator provides a report and recommendation to the court.

Guardian responsibilities

A guardian of the person assumes responsibility for the child’s care, custody, and control. Duties include providing for food, clothing, shelter, education, medical needs, dental needs, safety, and physical and emotional development. Court orders governing visitation or other conditions must be followed.

A guardian of the estate has separate financial responsibilities. The guardian must locate and protect estate property, maintain separate accounts, keep complete transaction records, and file required accountings. An inventory and appraisal must be filed within 90 days after appointment. The guardian of the estate must request court review and approval of the accounting one year after appointment and at least every two years afterward.

After the court signs an Order Appointing Guardian of Minor, the guardian takes prepared Letters of Guardianship to the clerk’s office for issuance. The Letters provide proof of the guardian’s appointment and may be needed for tasks such as enrolling the child in school, obtaining medical care, or managing the minor’s estate.

CARE Act Proceedings

The court’s CARE Act information describes a civil court process through which certain qualified petitioners can request treatment, services, support, and housing resources for an eligible respondent. The process can result in a voluntary CARE agreement or a court-ordered CARE plan.

The respondent must be at least 18 years old and currently experiencing a severe mental illness involving schizophrenia or another qualifying psychotic disorder. The court also identifies additional eligibility requirements, including that the person is not clinically stabilized in ongoing voluntary treatment, that CARE participation would be the least restrictive alternative necessary for recovery and stability, and that the person is likely to benefit from a CARE plan or agreement.

The petitioner must fall within a qualifying category. The court gives examples that include certain family members, housemates, first responders, and behavioral health workers.

CARE petition forms

A CARE Act petition can be started online or on paper. The court identifies CARE-100 as the mandatory petition used to ask the court to begin CARE Act proceedings for another person. Other forms address mental health declarations, court-ordered reports, service of notices, respondent rights, hearings, and requests for new or changed orders during the CARE process.

Because CARE Act proceedings have their own eligibility requirements and forms, they should not be treated as interchangeable with conservatorship proceedings. The court specifically describes CARE as a less restrictive alternative to state hospitalization or involuntary conservatorship for eligible persons.

Fees and Court Forms

Probate filings can involve court fees. The Superior Court publishes an official court fee schedule. The amount that applies depends on the filing or service involved, so users should identify the particular probate filing rather than assuming one fee applies to all probate matters.

Guardianship information provided by the court states that there is a fee for filing a guardianship petition and that an investigation fee may also be charged. A person who cannot afford qualifying fees may request a fee waiver from the court.

Form selection also depends on the proceeding. Probate forms in the local forms directory cover different subjects, including conservatorships, guardianships, decedents’ estates, trust proceedings, and requests connected with administration or distribution of an estate. General court forms may also apply to probate filings in particular circumstances.

Avoiding Common Filing Problems

Several recurring problems can be avoided by matching the filing or inquiry to the correct court service. A probate party should not assume that every probate-related document can be electronically filed, because appeal documents and other documents identified by the court may be ineligible for Probate eFiling. Attorneys must also account for the mandatory eFiling rule that took effect June 16, 2025, while self-represented litigants retain voluntary electronic filing.

Parties preparing for a hearing should review Probate Notes during their limited availability period and should save a copy when future reference may be necessary. Filing documents close to the hearing creates another risk: the court states that late-filed documents may not be reviewed before the hearing and could result in a continuance.

Questions sent to Probate Examiners should contain the hearing date, department, case number, and case caption and should stay within the purpose of the examiner service. The email channel is not a filing method, cannot be used to submit attachments responding to Probate Notes, and should not be used to request confirmation that a filing was received.

Online case information should also be treated differently from an official court record. CAP provides public case information and access to eligible documents, but the portal expressly states that its information does not constitute the official record of the court.

Finally, the type of probate proceeding should be identified before selecting forms or instructions. A decedent’s estate, trust matter, guardianship, conservatorship, and CARE Act proceeding can involve different forms, eligibility standards, investigations, duties, and filing procedures even though each falls within the Probate Department’s broader responsibilities.

Probate Offices and Court Locations

Probate Clerk’s Office and Courtrooms — Fontana District and Victorville District
17780 Arrow Boulevard, Fontana, CA 92335
14455 Civic Drive, Victorville, CA 92392
(909) 521-3388

Probate Clerk’s Office and Courtrooms — Needles District
1111 Bailey Avenue, Needles, CA 92363
(760) 269-4962

Probate Department of the Court FAQs

Can a guardian move a child outside California?

A probate guardian cannot move a child’s residence outside California without first obtaining permission from the court. If permission is granted, California law also requires the guardian to establish a legal guardianship in the state where the child will live. Because guardianship requirements differ by state, the guardian should address the new state’s requirements before completing the move. The court’s guardianship information also requires guardians to notify the court in writing when the address of either the guardian or child changes.

When does a probate guardianship end?

A guardianship of the person automatically ends when the child turns 18, is adopted, marries, becomes emancipated by court order, enters active military service, or dies. A guardianship can also end earlier through a court proceeding. The child, a parent, or the guardian may petition for termination, but the court must find that the guardianship is no longer necessary or that ending it would be in the child’s best interest.

Is a bond required for a conservatorship estate?

The court states that a bond is required in most conservatorships of the estate. The bond amount generally takes into account the conservatee’s personal property, annual income, and applicable bond recovery costs. A conservator may ask the court to place some assets in a blocked account, which can reduce the amount of bond required. Funds in a blocked account cannot be withdrawn without court permission. More details are available in the court’s conservatorship guidance.

Can guardianship money be used for a child’s everyday expenses?

Not automatically. When the child has a living parent or receives support from another source, a guardian of the estate must obtain court approval before using guardianship assets for the child’s support, maintenance, or education. The request must explain the exceptional circumstances justifying use of the estate. According to the court’s guidance, approval is ordinarily limited to specific purposes and a limited period.