Property in a guardianship or conservatorship estate is not subject to enforcement of a money judgment by a procedure provided in this division, but the judgment creditor may apply to the court in which the guardianship or conservatorship proceeding is pending under Division 4 (commencing with Section 1400) of the Probate Code for an order requiring payment of the judgment.
§ 709.030.Property In Guardianship Or Conservatorship Estate
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 10. Other Enforcement Procedures · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 709.030 exempts property held in a guardianship or conservatorship estate from this division's enforcement procedures, but lets the creditor instead apply to the court presiding over that guardianship or conservatorship proceeding for an order requiring payment of the judgment.
Full Text of § 709.030
Plain-English Summary
Property held in a guardianship or conservatorship estate gets special protection from the ordinary enforcement toolkit. Section 709.030 says none of this division's procedures, including levy, assignment orders, and receivership, reach that property directly.
Instead, the creditor has to go to the court where the guardianship or conservatorship proceeding is already pending, under Probate Code § 1400 and following, and ask that court to order payment of the judgment. That keeps decisions about a ward's or conservatee's property in the hands of the court already supervising it, rather than opening it up to enforcement methods designed for ordinary judgment debtors.
Frequently Asked Questions
Can a judgment creditor use ordinary enforcement procedures against a guardianship or conservatorship estate?
No. Section 709.030 exempts that property from enforcement of a money judgment through this division's procedures.
How can a creditor still collect from such an estate?
By applying to the court in which the guardianship or conservatorship proceeding is pending, under Probate Code § 1400 and following, for an order requiring payment of the judgment.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: guardianship conservatorship judgment enforcement californiacollecting judgment from conservatorship estate