This information is not intended to be legal advice, but a brief explanation of the basic procedure that is required. Probate Court personnel cannot give legal advice about your particular situation or complete your forms for you. You are not required to have an attorney; however, the Court cannot act as your attorney. If you do not understand process or have questions on what to do, you will need to obtain other assistance.
Conservator for a Minor
When a minor owns money or property that requires management or protection, a Petition may be filed requesting the Court to appoint a conservator. An individual interested in the minor’s estate, affairs, or welfare may file this petition.
Petition to Terminate/Modify Conservatorship of a Minor
If a change needs to be made to the conservatorship, a petition to modify the conservatorship may be filed. If the conservatorship is no longer needed, a petition to terminate the conservatorship may be filed.
Petition to Terminate/Modify Conservatorship of a Minor Packet Forms
If a request needs to be made to use funds from the minor’s restricted account a Petition to Use Funds may be filed along with filing fee of $20.00. A hearing will be held on the Petition and a copy of the Petition and Notice of Hearing must be served on all interested parties including the minor (if aged 14 or older).
Once the minor reaches the age of 18, a Petition and Order form should be filed with the Court requesting a financial institution release funds to the minor. Once the signed, the minor may take the Order to the bank so that the funds may be released. The minor will then sign a Receipt of Ward and Discharge and file with the Court.
If you do not agree with a Petition that has been filed, you may file an Objection along with filing fee of $20.00. A copy of you Objection must be mailed or hand-delivered to interested parties and a Proof of Service must be filed with the Court.
Each year, the conservator must file an Annual Verification of Funds and Proof of Restricted Account. This form is generally due on the anniversary date of your appointment as conservator. The form should be forwarded to the financial institution where the minor’s funds are being held for an employee to complete the form and attach a bank statement. The completed for and bank statement is then filed with the Court.
Withdrawal of Petition
If you have filed a Petition that you would like to withdraw, a Withdrawal of Petition form may be filed.
