Conservatorship of a Minor

General Information

The Probate Court is located on the main floor of the Gwinnett Justice and Administration Center (click for directions) located at 75 Langley Drive, Lawrenceville, Georgia 30046. The office accepts filings Monday through Friday, excluding holidays, from 8:00 a.m. to 4:30 p.m.

All pleadings filed with the Gwinnett County Probate Court by mail must be signed, verified, and have the appropriate filing fees. Pleadings without fees will be returned without filing. Mail all pleadings to:

  Gwinnett County Probate Court
Estate Division
75 Langley Drive
Lawrenceville, GA 30046

 

In which county do I file my Petition for Conservatorship of a Minor?

Petitions for Conservatorship of a Minor are filed in the county of the minor’s domicile.

 

When is a Petition for Conservatorship of a Minor required?

A natural guardian of a minor may hold up to $15,000 on behalf of the minor as custodian, without becoming a court-appointed conservator.

If a minor receives or is entitled to more than $15,000, a conservator must be appointed for the minor.

 

What is the procedure for becoming conservator of a minor?

After your petition is filed, the court will schedule a hearing and notify you by first class mail of the need to post a bond. All conservators are required to post a bond prior to his or her appointment. A bond is an insurance policy to ensure that the minor’s funds are protected in the event that the appointed conservator mishandles the assets. The court will set the amount of the bond based on the value of the liquid assets due to the minor. Insurance companies write bonds based on a credit check.

Please note that if you are filing to become a conservator for more than one child, you must file a separate petition, pay a separate filing fee, and post a separate bond for each child.

 

What if I am not approved for a bond?

If you are not approved for a bond, you may file a motion with the court requesting the appointment of another family member who is approved for a bond or requesting the appointment of a county conservator.

 

What are my responsibilities as conservator?

Conservators are required to file an Inventory and Asset Management Plan within 60 days of the date of their appointment. Thereafter, conservators must file an Inventory and Asset Management Plan and Annual Return each year within 60 days of the anniversary date of their appointment.

 

When does the conservatorship end?

A conservatorship of a minor will end when the child turns 18 and the conservator is the natural guardian. In order to close a conservatorship and be relieved from liability under the bond, the conservator must file a Petition for Discharge and the former minor must consent.

 

How much does it cost to file the Petition?

Prior to mailing in or filing your petition in our office, please contact the estate clerk at (770) 822-8350 for the current filing fees. All fees are due at the time of filing. The Probate Court accepts cash, credit cards (Visa, Discover, MasterCard), personal check, or money order.

 

Standard Georgia Probate Forms (Form 30)

Non-Standard Forms and Instructions