California Probate Form DE 350 Petition for Appointment of Guardian Ad Litem is important for cases where a minor needs representation. This can be any cases where a minor’s financial interests may be at stake. In those instances Form DE 350 is used to ask the Court to appoint a guardian ad litem to protect the child’s interests. In most counties the guardian ad litem will be a probate attorney taken off a list the Court keeps. The goal is to have an outside, disinterested, party to watch over the youngster’s interests so nobody takes advantage of them on purpose or even unknowingly. It’s a good safeguard the system has in place.
California Probate Form DE-315 Order Determining Succession to Real Property is the order that goes with the DE 310 petition. That is, first you file the form 310 petition and if it’s approved the Judge would sign a form 315 order. Of course you have to complete the order, to match the petition, and then submit it to the Court. Since this generally involves real property you will need to get a certified copy of the order and record it with the county recorder. Also, as a side note, remember if this is a parent to child exclusion you must file your parent to child exclusion form, with the county assessor within 3 years of death and BEFORE any transfer to a third party. This is a common problem that can cause a large tax bill increase or a large supplemental property tax bill.
California Probate Form DE-310 Petition to Determine Succession to Real Property deals with estates of $150,000 or less in gross value. There are many sub rules to review in coming up with the $150,000. For example assets that are jointly titled or held in trust would generally NOT be considered in calculating the $150,000 in assets. The use of this petition does require a noticed hearing in Court. This as opposed to transferring personal property, worth less than $150,000, where no Court appearance is required.