Conservatorship of Linda McNamee

Case Number

22PR00370

Case Type

Hearing Date / Time

Tue, 01/13/2026 - 09:00

Nature of Proceedings

Review Investigator's Report

Tentative Ruling

Probate Notes:

The Court received a Notice of Conservatee’s Death (Form GC-399).  (Prob. Code, § 2361.)

When a conservatorship terminates because of the death of the conservatee, the conservator must provide notice of the conservatee's death by delivering under Probate Code section 1215 (by mail, personal delivery, or with the recipient's written consent, electronic delivery) a copy of the notice to all persons entitled to notice and by filing a proof of service with the court. (Prob. Code, §2361.)

The death of a conservatee also terminates the conservatorship of the estate by operation of law (Prob. Code, § 1860, subd. (a)), but the conservator of the estate remains responsible for the custody and conservation of the estate until it is either delivered to the personal representative of the conservatee-decedent's estate, or some other lawful disposition is made. (Prob. Code, §§1860, 2467.)

Upon the death of a conservatee, a final accounting of the conservatee’s estate must be submitted. (Prob. Code, § 2620(b); CRC, Rule 7.1052(c).) The death of the conservatee “does not cause the court to lose jurisdiction of the proceeding for the purpose of settling the accounts of the [] conservator or for any other purpose incident to the enforcement of the judgments and orders of the court upon such accounts or upon the termination of the relationship.” (Prob. Code, § 2630.)

Due to the fact that the estate was managed by the spouse of the Conservatee, it is recommended the Court order the estate terminated without a final account.

 

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 160 543 3416

Passcode: 5053334