Legal Question in Wills and Trusts in California
How does the conservator become conservator of estate over the beneficiary of estate?
3 Answers from Attorneys
Once the person dies, the conservatorship ends as their is no person to assist. When probate is filed you would have to apply to the court to be the personal administrator of the estate. the court normally would favor whomever is named executor in the Will. Anyone can file the Will for probate or file for probate even if there is no Will.
The big difference between having a will and not, besides who is entitled to inherit, lies in the waiver of requirement that an administrator (i.e. no will) post a bond equal to the estimated size of the estate. This one fact alone prevents many people from ever qualifying as an administrator simply because their credit is no good. Most wills, on the other hand, waive the requirement of the nominated executor needing to post a bond.
I don't think either attorney answered you question, but I'm not entirely sure I can either. The term "beneficiary" does not have any legal meaning in the context of conservatorships or estates. You can have a conservatorship over a person's estate while they are living, or you can have a conservatorship of the person (is that what you meant by "beneficiary?"), or you can have a conservatorship over both the person and the estate. The other attorneys are correct that a conservatorship automatically ends when the "conservatee" dies. With that information on terminology, why don't you try reposting your question, or send me an email and I'll see if I can answer it.