Probate Guardianship Workshop

This 3-part video series provides information about what a probate guardianship is, important legal terminology, the forms and the court process, and what to expect after the case is filed. Prior to having the Self-Help Center review your forms to start a guardianship case, you must watch these videos and submit the Online Video Viewing Verification Form for each video in the series.

The court process to get a probate guardianship can take several weeks or more. However, if this is an emergency and you need orders sooner than this, you may be able to get orders on an expedited basis. Please visit the Restraining Order Help Center in person for more information and immediate assistance.
If this is not an emergency, please continue with this workshop.

What is a Probate Guardianship?
Guardianship Workshop Video Part 1 of 3
Accessing the Forms to start a Probate Guardianship in Santa Clara County
Guardianship Workshop Video Part 2 of 3
Have your Forms Reviewed by Self-Help Center Staff (Optional)
File your Forms with the Clerk’s Office
Guardianship Workshop Video Part 3 of 3
How to Complete Service in a Guardianship Case

What is a Probate Guardianship?

A probate guardianship may be established in a situation where a minor child is living with a non-parent caregiver, called the guardian. It will allow the guardian to enroll the child in school, add the child to the guardian’s health insurance, consent to medical treatment, and make other decisions for the child. A guardianship suspends, but does not terminate, the parents’ rights. The parents may have visitation with the child, as permitted by the guardian and/or ordered by the court. Generally, for a guardianship to be granted in Santa Clara County, the child must already be living with the proposed guardian.

Who should view this video series?
Anyone is welcome to view the videos. You should watch these videos if:

You wish to start a probate guardianship case and want more information about the process.
You want the Self-Help Center to review your forms to start a probate guardianship case.

What to Expect
Plan for a minimum of 50 minutes to complete the entire video series.

Click on the first video link below to start the program.

Create a Record of Your Participation
To create a record of your participation in the program, click on the blue Online Video Viewing Verification Form at the end of each video and provide the following required information:

Name
Email address
Phone number

After watching Video 1, you will review your options to access the forms. You can then watch Video 2, which will go over the forms and discuss how to fill them out. After you have completed your forms, you can watch Video 3 for information on service and other procedural steps after filing your forms, and what to expect at your court hearing(s). If you would like Self-Help Center staff to review your forms before you file them, you must watch all three videos.

Guardianship Workshop Video Part 1 of 3

In this video, you will learn:

What a probate guardianship is
How a probate guardianship differs from other types of court proceedings
Whether you may qualify for a Caregiver’s Authorization Affidavit as an informal alternative to a guardianship
Common terminology
How long a guardianship lasts
Temporary versus General Guardianships and how soon you can get a court order giving you custody
Overview of the court process

Important: After after you watch the video, if you want to create a record of your participation so the Self Help Center staff can review your forms before filing, click the blue button below to fill out the Online Video Viewing Verification Form.

Online Video Viewing Verification Form

If your forms are not sufficiently completed, the Self Help Center may require you to watch the workshop videos again before reviewing your forms.

Accessing the Forms to start a Probate Guardianship in Santa Clara County

Now that you have watched Video 1, you are ready to start filling out your forms. You have three options for filling out your forms. Please read through each option to determine which is best for you. You only need to choose one option below to fill out your forms:

Odyssey Guide and File: This interactive web program will ask you a series of questions and will then populate your forms for you. You can also electronically file your forms through this program. Select “Guardianship” from the options listed. You will be prompted to create an account or log in if you have an existing account. Then choose “Petition for Appointment of Guardian”. Save your work so that you can make changes later if needed.
LawHelp Interactive: This is another interactive web program that will ask you a series of questions and will then populate your forms for you. You cannot electronically file your forms through this program. Select “Guardianship Petition” from the options listed. We recommend creating an account rather than proceeding as a guest, so that you can save your work and make changes later if needed.
Self-Help Center form packets: You can fill out your forms by hand using our form packets. Click on the link to download and print a blank form packet. For information on whether to request a General Guardianship only, or a General Guardianship plus Temporary Guardianship, see Video 1. You can also download a sample packet. If you would like a hard copy of the form packet and sample packet mailed to you, please contact the Self-Help Center.

After you have obtained your forms, please proceed to Video 2 for guidance on filling out the forms.

Guardianship Workshop Video Part 2 of 3

In this video, we will go over all the forms needed to start a Probate Guardianship in Santa Clara County. This video will cover forms needed for a Temporary Guardianship as well as a General Guardianship.

Online Video Viewing Verification Form

If your forms are not sufficiently completed, the Self Help Center may require you to watch the workshop videos again before reviewing your forms.

Have your Forms Reviewed by Self-Help Center Staff (Optional)

If you would like a Self-Help Center staff member to review your forms for you to make sure they are filled out correctly, follow the steps below. This step is optional.

Note that YOU MUST HAVE WATCHED WORKSHOP ALL THREE WORKSHOP VIDEOS AND SUBMITTED THE ONLINE VIDEO VIEWING VERIFICATION FORM for each video before Self-Help Center staff will review your forms. Failure to submit verification that you have watched the videos will result in rejection of your forms for review.

To send your forms to the Self-Help Center, please follow these steps:

Download your draft forms as a PDF (if using Odyssey Guide and File or LawHelp Interactive) or scan your draft forms as a PDF (if using a Self-Help Center form packet).
Email your forms to SHCProbate@scscourt.org.

Self-Help Center staff will then review your forms and email you back (typically within 2-3 business days) with any recommended corrections.

After you have made any corrections recommended by the Self-Help Center (or if you choose to submit your forms without having the Self-Help Center review them) please proceed to the next section for information on how to file your forms.

File your Forms with the Clerk’s Office

Once you have filled out your forms (and the Self-Help Center has reviewed them, if you choose to have us do so), you can either file them in-person at the clerk’s office or, if you are applying for a General Guardianship only, you can electronically file them.

File your forms in-person:
Make two copies of your forms in addition to the original (Note: paper clip all original documents. Staple all copies).

Bring your originals + copies to the Probate Clerk’s Office located on the 1st floor of the Downtown Superior Court at 191 N. First Street, San Jose, CA 95113. The Probate Clerk’s Office is open Monday-Thursday 8:30 AM to 3:00 PM and Fridays 8:30 AM to 12:00 PM.

If you are not asking for a fee waiver, you will pay the filing fee and get file-stamped copies back when you file.
If you are asking for a fee waiver, your file-stamped copies may be returned immediately, OR you may be asked to return later to pick up your forms, OR your file-stamped copies may be mailed to you. Please ask the clerk who takes your forms.

File your forms electronically:
If you used Odyssey Guide and File to fill out your forms and you are applying for a General Guardianship only, you may use this same program to file your forms electronically. After your forms are accepted, you will receive an email with links to filed copies of your forms. You can print copies of your forms from these links.

After you receive filed copies of your forms from the clerk’s office, please proceed to Video 3 for steps you will need to take before your court hearing(s).

Guardianship Workshop Video Part 3 of 3

In this video, you will learn about service and other steps that will occur before your court hearing(s). You will also learn about what to expect at your court hearing(s) and, if your guardianship request is granted, how to get copies of the court forms showing this.

Online Video Viewing Verification Form

If your forms are not sufficiently completed, the Self Help Center may require you to watch the workshop videos again before reviewing your forms.

How to Complete Service in a Guardianship Case

In Video 3 you learned about how to complete service in a guardianship case. For detailed information on the steps to complete service, as well as forms you will need for this step, please refer to the handout How to Complete Service in a Guardianship Case.