When a person has guardianship over the estate of a beneficiary of a trust or probate estate, that relationship is not terminated automatically. Instead, the guardian must take certain actions to effectuate the termination. As the trustee or executor of the trust or the estate, it is important to be aware of the procedure necessary for ending the guardianship of the estate of the beneficiary. Until the guardianship is terminated, the guardian must receive all applicable notices, distributions, and other correspondence relating to the estate on behalf of the beneficiary.
Four Steps to Ending a Guardianship of an Estate:
The procedure for ending a guardianship of an estate must be followed properly. This procedure includes the following steps:
- File a final report with the Superior Court in San Diego or other court of jurisdiction.
- File a final accounting with the Superior Court in San Diego or other court of jurisdiction.
- Request the discharge of guardianship from the court.
- Determine whether the ward needs or wants a copy of the accounting. Adult wards may decide that they do not need or want a copy. In these cases, the guardian is still required to submit the accounting to the court, even though the ward does not need one. The guardian will also have to file a statement from the ward that verifies this is the case.
Once the guardianship is terminated on the order of the court, the executor or trustee of the estate will either be directed to deal with the beneficiary directly, or a new guardianship will be established. For assistance with this and other estate administration matters, we encourage you to reach out. We would love to hear from you—send us an email today!
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307