How Do I Close the Probate and Conservatorship of a Missing Person in California?

Full question:

My husband was a missing person and now has been declared dead. A conservatorship was established. Due to a lack of funds, I want to file on my own, I think it is called pro per, to close the conservatorship, exonerate the bond, and ask for a waiver of the final accounting since I am the sole beneficiary, it is my money anyway, and there are no funds left to pay for another accounting. What forms or pleading paper do I need? Also, my former attorney established a probate in error. She thought she had to establish a probate to have my husband declared dead. She was in error. The form was Establishing Fact of Death in The Superior Court of Los Angeles. Now I need to file to have that probate closed. My husband's estate was so small that a probate was not required by law. What form do I need to have the probate closed?

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: California

Answer:

To terminate a conservatorship, a petition for resignation may be filed, along with a final accounting. To close the probate estate administration, a petition for an order of final distribution may be made according to the following statutes:

Please see the following CA statute:

2660. A guardian or conservator may at any time file with the court
a petition tendering the resignation of the guardian or conservator.
Notice of the hearing on the petition shall be given for the period
and in the manner provided in Chapter 3 (commencing with Section
1460) of Part 1. The court shall allow such resignation when it
appears proper, to take effect at such time as the court shall fix,
and may make any order as may be necessary to deal with the
guardianship or conservatorship during the period prior to the
appointment of a new guardian or conservator and the settlement of
the accounts of the resigning guardian or conservator.