California’s Form GC-255, the Petition for Termination of Guardianship, is the court filing used to release a guardianship over a minor’s person, estate, or both. You complete the two-page Judicial Council form, file it with the probate clerk in the county where the guardianship case is open, pay the fee or request a waiver, give at least 15 days’ notice to the family members and the guardian, and then appear at the hearing where the judge decides whether ending the guardianship is in the child’s best interest. If the judge agrees, the court signs Form GC-260 and the guardian’s legal authority ends.1California Courts | Self Help Guide. Petition for Termination of Guardianship
Who Can File the Petition
Probate Code Section 1601 limits petitioners to the guardian, a parent, the minor ward, or, in an Indian child custody proceeding, an Indian custodian or the ward’s tribe.2California Legislative Information. California Probate Code 1601 A grandparent, aunt, uncle, or family friend who is not the guardian cannot file GC-255. If that describes you, you would need to work through someone with standing.
The judge applies a single test: whether ending the guardianship is in the ward’s best interest. When a parent is petitioning, the court looks for proof that whatever led to the guardianship has been resolved — stable housing, income, a safe home, and evidence the parent is fit or has been rehabilitated.3California Courts | Self Help Guide. How to End a Guardianship A court investigator will usually be appointed to look into the situation and submit a recommendation. If the ward is 12 or older, the judge also considers what the child wants.
When You Don’t Need to File GC-255
Some guardianships end on their own. Under Probate Code Section 1600, a guardianship of the person terminates automatically when the ward turns 18, is adopted, is emancipated by court order, or dies.4California Legislative Information. California Probate Code 1600 Marriage or entry into the military also effectively ends it. In those cases you don’t need to petition, though an estate guardianship may still require a final accounting before the guardian is discharged.
Completing Form GC-255
Download the form from the California Courts website or get a copy from the probate clerk’s office.1California Courts | Self Help Guide. Petition for Termination of Guardianship It’s two pages.
At the top of page one, enter the court name, county, and street address, then the case name and the probate case number from the original guardianship. The case number appears on any document previously filed in the case. Get this right. A wrong case number can cause the clerk to reject the filing outright.
The body of page one asks for the names and residence addresses of the guardian, the minor, both parents, siblings, and all four grandparents.5Judicial Council of California. Petition for Termination of Guardianship If you don’t have a current address for a relative, note that on the form rather than leaving the line blank. Check the boxes indicating whether you are asking to end the guardianship of the person, the estate, or both. Check every box that applies.
The petition also needs a narrative explaining why the guardianship should end. This is where you give the judge something to work with. Describe the changed circumstances specifically: completed treatment or parenting programs, stable employment, suitable housing, resolved health issues. A generic “circumstances have changed” rarely moves a judge.
The Consent and Waiver on Page Two
Page two contains a “Consent to Termination and Waiver of Service and Notice of Hearing” section. Family members or the guardian who agree the guardianship should end can sign there, which waives their right to be formally served.6California Courts | Self Help Guide. How to Ask to End a Guardianship As the petitioner, you don’t sign this section yourself; it’s for the other interested parties. Getting those signatures ahead of time cuts down on the service work later.
Common Problems
Missing relative addresses, failing to check the correct boxes for person versus estate, and a narrative section too thin for the judge to act on are the most frequent reasons petitions stall. Verify the case number against your original guardianship paperwork before you walk into the clerk’s office.
Filing and Fees
File the completed petition with the probate clerk in the county where the guardianship case is active. Bring at least two copies in addition to the original so the clerk can stamp them as filed.
Under California’s statewide civil fee schedule effective January 1, 2026, a post-issuance petition in a guardianship of the estate or person-and-estate costs $435. Riverside, San Bernardino, and San Francisco counties may add a local courthouse construction surcharge.7Judicial Council of California. Statewide Civil Fee Schedule Effective January 1, 2026 If your case is a guardianship of the person only, there is no filing fee for petitions filed after the original letters of guardianship were issued.
If you can’t afford the fee, file Form FW-001 (Request to Waive Court Fees) with your petition. You qualify if you receive certain public benefits, your income is low enough, or you can’t cover both basic living expenses and court costs.8California Courts | Self Help Guide. Request to Waive Court Fees In guardianship cases, the waiver is evaluated based on the child’s income rather than the petitioner’s, so most applicants qualify easily.
Serving Notice
Once the clerk assigns a hearing date, prepare Form GC-020 (Notice of Hearing—Guardianship or Conservatorship).9California Courts | Self Help Guide. Notice of Hearing—Guardianship or Conservatorship A copy of the filed petition and the notice of hearing must be mailed to the child’s family members and the guardian at least 15 days before the court date.3California Courts | Self Help Guide. How to End a Guardianship Probate Code Section 1511 sets the 15-day minimum and lists who must receive notice, including the ward if 12 or older, both parents, and the relatives named in your petition.
The server must be at least 18 and cannot be a party to the case.10California Courts. Serving Court Papers After service, the server completes Form GC-020(P) for personal service or the proof-of-service section on page two of GC-020 for service by mail. File the proof of service with the court before the hearing. Skip that step or file it late and the judge will almost certainly continue the hearing, adding weeks.
Anyone who signed the consent and waiver on page two of GC-255 doesn’t need to be served.
At the Hearing
The judge reviews your petition, the investigator’s report, and any evidence presented. The guardian, parents, and ward may all be heard. A ward who is 12 or older may be asked directly about their wishes.3California Courts | Self Help Guide. How to End a Guardianship
If a parent is seeking to regain custody, bring supporting documents: completion certificates for treatment or parenting programs, proof of employment or income, a lease or mortgage statement, and anything else showing the issues that triggered the guardianship are resolved. Letters from therapists, social workers, or community programs help, but they don’t replace concrete proof.
The judge can grant the petition, deny it, or continue the hearing for more information. If termination is granted, the court signs Form GC-260 (Order Terminating Guardianship), which officially ends the guardian’s legal authority.11California Courts | Self Help Guide. Order Terminating Guardianship
After the Order Is Signed
Make sure the signed GC-260 is filed with the clerk so the court record is updated, and get at least one certified copy. Schools, doctors’ offices, and insurance companies may ask for proof that the guardianship has ended and that a parent now has legal authority.
Final Accounting for Estate Guardianships
If the guardianship included the child’s estate, the guardian usually can’t be fully discharged until the court approves a final accounting of assets, income, and expenditures. Probate Code Section 2626 offers one shortcut: if the estate was entirely used up through court-approved expenditures, the judge can terminate the case and discharge the guardian without further proceedings.12California Legislative Information. California Probate Code 2626 Under Probate Code Section 2628, the court may waive the accounting entirely if the estate’s net value (excluding the ward’s residence) was below $15,000, monthly income other than public benefits was under $2,000, and all income was spent for the ward’s benefit.13California Legislative Information. California Probate Code 2628 Otherwise, prepare a detailed accounting showing every dollar in and out, with supporting records available for the court’s review.
Benefits and Tax Follow-Up
If the guardian was serving as a representative payee for the child’s Social Security or SSI benefits, contact the Social Security Administration to request that the payee arrangement be changed or terminated so payments aren’t disrupted.14Social Security Administration. Understanding Supplemental Security Income Representative Payee Program
The parent who regains custody may want to claim the child as a dependent the following tax year. The IRS requires that a qualifying child live with the taxpayer for more than half the year, among other tests, so the timing of termination matters.15Internal Revenue Service. Dependents If the child had a custodial account such as a UGMA or UTMA managed by the guardian, coordinate the transfer of custodian status to the parent, or directly to the former ward if they have reached adulthood. The assets in those accounts belong to the child regardless of who serves as custodian.