Probate Notes

Probate Examiners, Anne Holsinger and Michelle Warren, may be reached at Probate.Examiner@stanct.org . Telephone calls can be directed to the Probate Unit as set forth above. Emails must have the case identification information and hearing time/date in the subject line. No attachments will be opened. The Probate Examiner can only respond to inquiries regarding the meaning of comments in the notes. Please do not email to notify that documents have been filed, to request a confirmation whether documents have been received, or to request the clearing of notes. No legal or procedural advice may be given by the Probate Examiner in response to your email.

• It is the goal of the Probate Examiner to have Probate Notes posted five (5) calendar days prior to the hearing.
• Defects described in the Probate Notes must be corrected prior to approval of the moving papers. 
• If you are filing documents to cure technical defects, they should be filed NO LATER THAN FIVE COURT DAYS before the hearing.  Later-filed documents might not be reviewed prior to the hearing and could result in a continuance of your case.

Probate Notes will be updated as needed when late-filed documents are reviewed.  Please note:  Late-filed documents that do not contain the hearing date in the caption require more time and effort to be matched to the files.  This may result in an otherwise avoidable continuance.

Please Note: "Appearance not required (by VCourt if preferred)."

This language indicates that no one is required to appear at the hearing.  Probate hearings are open to the public, however, and anyone who wishes to observe a proceeding may do so. Appearances in most cases may be made in person or remotely, by telephone, using VCourt. For more information on how to appear by VCourt, please see the section "Remote Telephonic Hearings" on the home page of this website.

POSTED SEPTEMBER 29, 2022, UPDATED 12/02/22

• Please help expand the list of qualified counsel willing to accept appointment in Probate matters, as either court-appointed counsel in Conservatorships pursuant to PrC§1471, Guardians ad litem, successor personal representatives in decedents' estates, and successor trustees. Keep an eye on these public notices in the coming weeks to learn more about the qualifications, requirements, and how to be added to the list of those willing to accept appointment.

• For appointment as counsel in a Conservatorship, please see the list of qualifications and requirements found in California Rule of Court 7.1103 and 7.1105.

• Review forms PR004, PR005, and GC-010 available for download on the Common Forms & Packets page here: https://www.stanislaus.courts.ca.gov/forms-filing/common-forms-packets for more information.  Remit your completed forms to the Superior Court.

POSTED DECEMBER 17, 2021

• Effective 01/01/2022, the fee for court-appointed legal counsel in conservatorship proceedings shall increase to $125.00 per hour.

POSTED OCTOBER 13, 2021

• It has come to the Court’s attention that due to changes in a major newspaper’s online publication submission procedure, some intestate proceedings are being published with reference to a request to “admit decedent’s wills and codicils, if any.”  The Court interprets the phrase “if any” as applying to the word “codicils”, as the next published sentence is “The will and any codicils are available for examination in the file kept by the Court”. Not only is the quoted language inconsistent, it is false, as there are no wills or codicils available for review in these proceedings.  One may reasonably rely on the misrepresentation and take no action believing a will has been or will be provided to the Court.  The Court cannot find this misleading notice to be harmless error.  As such, in these instances, the Court has ordered a republication with corrected language.  The Court has heretofore held that the republication fee is not reimbursable, however, given that the changes to the newspaper’s procedure are recent, and given the sheer volume of cases requiring republication, the Court will permit one republication fee to be reimbursable.  Requests for reimbursement will be granted for any one republication that occurs on or before June 1, 2022.

  Please note it also has recently come to the Court’s attention that the major newspaper may have revised, or may be revising, its online publication submission procedure to account for this issue.  

• Effective July 1, 2021, pursuant to Local Rule 8.04(D) , all communication with the Probate Examiner must be conducted via email, Probate.Examiner@stanct.org . Communication must be limited to the content of Probate Notes. 

FRIDAY, MAY 17, 2024
Department 22
8:30 a.m.

PR-20-000243 ESTATE OF MARY ANNA BELLETTO AKA MARY A. BELLETTO, MARY BELLETTO
Hearing on PrC§12200 Status Report of Administration continued for 03/27/24:
Notice of Hearing appears complete.
Objection filed – 02/26/24.
Objection includes a request that the court issue an Order to Show Cause to the personal representative to appear and show cause why sanctions and/or surcharge should not be imposed for failure to file Final Accounting. Objection alleges line 13 on page 5 that the court ordered an Accounting to be filed no later than 09/29/23. Objection line 10 on page 3 alleges that it was the agreement of Carol Belletto (personal representative of the decedent’s estate of the former personal representative, Harry Belletto) and successor personal representative (Dianna Soranno) that the Administrator was to prepare an Accounting no later than 09/29/23. Review of the court’s file does not reflect that the court has ordered the Administrator (D. Soranno) to prepare an Accounting.
Recommend court deem the Objection to be a petition for order directing preparation of an account pursuant to PrC§10950. Pursuant to PrC§10950(b) the court is to order an account on the petition of an interested person “made more than one year after the last account was filed or, if no previous account has been filed, made more than one year after issuance of letters to the personal representative.” In this case, all prior accountings were dismissed, and Letters were issued to the successor personal representative fewer than 12 months ago.
Hearing required.
Appearance by counsel required (by VCourt if preferred).

PR-19-001227 ESTATE OF MAURINE COOK
Hearing on First Amended (file-marked 07/21/23) First and Final Report of Successor Administrator; Petition for Final Distribution of Estate; Petition for Allowance of Costs Advanced by Administrator and Statutory Attorney Fees continued from 05/18/22, 07/14/22, 01/25/23, 07/26/23, 09/21/23, 01/09/24, 03/26/24:
Prior Notes have been cured.
Recommend approval of First Amended Report and Petition as supplemented.
Recommend Discharge Review Hearing 01/23/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).

PR-21-001425 ESTATE OF ACIE WILKINS, AKA ACIE L. WILKINS, ACIE LYNWARD WILKINS
Hearing on First and Final Report of Administrator with Will Annexed on Waiver of Account and Petition for Allowance of Compensation to Administrator with Will Annexed for Ordinary Services, for Compensation to Attorneys for Ordinary Services and Extraordinary Services on a Contingent Fee Basis, for Reimbursement to Attorneys for Costs Advanced, and for Final Distribution continued from 03/21/24:
Prior Notes have been cured.
Request for approval of compensation pursuant to contingency fee agreement submitted to court for determination.
Appearance by counsel required (by VCourt if preferred).

PR-22-000361 ESTATE OF TERESA HARDY
Hearing on Petition for Final Distribution of Estate; First and Final Account and Report of Administrator; Petition for Reimbursement of Personal Monies Advanced; Petition for Payment of Attorney and Administrator Statutory Fees and Costs continued from 03/27/24:
Recommend court terminate the Fee Waiver.
Recommend for approval.
Recommend Account Review Hearing 01/23/25 on the retains.
Appearance not required (by VCourt if preferred).
 

PR-23-000318 ESTATE OF TIMOTHY F. WARD
Hearing on First and Final Report of Executor on Waiver of Account and Petition for Allowance of Statutory Compensation to Executor and Attorneys, and for Final Distribution continued from 03/27/24:
Please explain: Have the beneficiaries agreed to an alternate distribution other than the terms of the decedent’s Will? Decedent’s will was a “pour-over” will distributing the residue of decedent’s estate to a Trust. Personal representative was named in the Trust as successor Trustee; personal representative and the other intestate heir are the two remainder beneficiaries of the Trust. An agreement, signed by the beneficiaries and the personal representative in his capacity both as beneficiary, personal representative, and Trustee (and acknowledged by a notary) not on file. See Probate Code section 11604 and Local Rule 8.87.
Recommend continuance to 08/02/24 to allow time to clarify distribution.
Appearance not required (by VCourt if preferred).

PR-23-000887 ESTATE OF EMMANUEL GOMEZ
Hearing on Petition for Probate of Will and for Letters of Administration with Will Annexed (filed by J. Gomez) continued from 12/27/23, 03/21/24:
Petitioner is seeking admission of the decedent’s holographic will to probate.
Prior Note remains:
•    Form DE-121 Notice of Petition file-marked 01/22/24:
      o    Pursuant to CRC rule 7.51(2), notice mailed to a person in care of another person is insufficient unless the person entitled to notice is an adult and has directed the party giving notice in writing to send the notice in care of the second person.
      o    Notice to a minor must be sent directly to the minor.  A separate copy of the notice is on file for the person or persons having legal custody of the minor, with whom the minor resides (same person was also appointed as Guardian ad litem) [CRC rule 7.51(d)].
Appearance by petitioner’s counsel required (by VCourt if preferred).

PR-23-001323 MARY WOODRUFF TRUST
Hearing on Petition for Order Confirming Trust Assets to the Mary Woodruff Trust and for Appointment of Trustee continued from 03/12/24:
Petitioner seeks appointment as Trustee, and Declaration file-marked 05/13/24 reflects petitioner has obtained a bond of $450,000.00.  Proof of surety bond of $450,000.00 is on file.
Recommend approval of petition with modification that bond shall be set at $450,000.00. Need new proposed Order including court order setting bond at $450,000.00 pursuant to PrC§15602(c).
Appearance not required (by VCourt if preferred).

MONDAY, MAY 20, 2024
Department 21
8:30 a.m.

PR-22-000975 Jackson Family Trust 
Settlement Conference:
Appearances mandatory (by VCourt if preferred).

TUESDAY, MAY 21, 2024
Department 22
8:30 a.m.

PR-18-000314 ESTATE OF DIANE FRANCIS BELLO, AKA DIANE FRANCIS KAISER
Account Review Hearing continued from 11/09/23, 03/12/24:
Hearing on Second PrC§12200 Status Report of Administration continued from 04/23/24:
Prior Notes remain:
•    Report was not verified by the personal representative. See California Rule of Court rule 7.103(c) and Probate Code section 1023.
•    Report does not appear sufficiently detailed as required by Probate Code § 12201.
•    Report does not specify the time necessary for close of the estate (PrC§12201).
•    Notice of Hearing not yet on file (see PrC§12201) including creditors (PrC§48).
On 04/23/24 court ordered personal representative to file an Amended Status Report and perfect notice pursuant to PrC§12201 before the next hearing or surcharge may be imposed.
Appearance by counsel required (by VCourt if preferred).

PR-22-000184 ESTATE OF KENNETH HERMAN KUSNIK
Hearing on PrC§12200 Status Report Regarding Administration of Estate; Request for Instructions continued from 11/14/23, 02/02/24:
Nothing filed since previous hearing. Prior Notes remain:
Examiner cannot determine if PrC§12201 Notice is complete because at the time the Petition for Probate was filed, petitioner alleged that there were no known heirs. It appears that several heirs have been identified. On 11/14/23, court directed Public Administrator to file a verified pleading identifying the names, addresses, ages (adult or minors) of the decedent’s intestate heirs pursuant to Local Rule 8.26.
The Declaration file-marked 01/26/24 does not appear to comply with the court’s direction:
•    Provides only names and addresses, not ages and relationships as the court directed.
•    Does not identify the deceased ancestor through whom second generation heirs would take, pursuant to Local Rule 8.26 E.
•    Was verified by counsel and not the Public Administrator.
Appearance by County Counsel required (by VCourt if preferred).

PR-22-000240 VERNON ROBERT MEYERS JR. 2019 TRUST
Status Review Hearing pending appeal:
Remittitur filed, reflecting appeal was dismissed.
Recommend court set hearing on 08/30/24 for court’s motion to dismiss.
No appearance required (by VCourt if preferred).

PR-23-000856 ESTATE OF MARK DENNIS WINBIGLER
Bond Review Hearing:
Current bond does not appear sufficient. Personal Representative did not file ex parte for increase of bond [PrC§8480(c), CRC 7.204].
Court set this matter for the personal representative to address the inadequate bond. A copy of the prior Minute Order was mailed to counsel.
Recommend court issue Order to Show Cause to counsel and personal representative to appear and show cause why the personal representative should not be sanctioned and/or removed from office for failure to notify the court of a need for and file ex parte for increased bond pursuant to PrC§8480(c), California Rule of Court rule 7.204.
Appearance by counsel mandatory (by VCourt if preferred).

PR-22-000888 ESTATE OF JOHN CAMACHO GARCIA
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing 08/22/24.
Hearing of 08/22/24 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-22-001197 ESTATE OF PATRICIA CAINGLIT
Account Review Hearing continued from 03/12/24:
Nothing filed since previous hearing.
See Local Rules 8.82 and 8.41 B. Letters issued 02/10/23. Inventory and Appraisal due 06/10/23. Partial No. 1 Inventory and Appraisal on file; Final Inventory and Appraisal not on file.
On 03/12/24, the court directed that a PrC§12200 Status Report must be filed if estate is not in a position to be closed. Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
•    Recommend court issue Order to Show Cause to Executor and Executor’s counsel to be personally present pursuant to PrC§12202:
      o    To show condition of estate and why estate cannot be distributed and closed;
      o    So that court may order Administrator to prepare and file a First Account Current at the court’s discretion pursuant to PrC§12202(b).
      o    Noncompliance may result in removal of personal representative from office (PrC§§12204, 8500).
Appearance by Executor and Executor’s counsel required (by VCourt if preferred).

PR-22-001318 ESTATE OF THERESA LERMA, AKA THERESA C. LERMA, THERESA CORENDA LERMA
Account Review Hearing:
See Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-23-000171 ESTATE OF EARL FRANCIS BOYD, AKA EARL F. BOYD
Account Review Hearing:
See Local Rule 8.82. Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
Recommend court order Public Administrator to file a PrC§12200 Status Report (with Notice pursuant to PrC§12201) within 90 days if estate is not in a position to be closed.
Recommend continuance to 10/08/24 to allow time for filing of above pleadings. If neither pleading is on file by the next hearing date, the court may issue an order to show cause for personal representative to appear pursuant to PrC§12202.
Appearance not required (by VCourt if preferred).

PR-22-001206 ESTATE OF DEBRAH BRITT
Inventory Review Hearing continued from 08/10/23, 12/05/23:
Final Inventory and Appraisal on file.
Recommend court set an Account Review Hearing 09/10/24 pursuant to Local Rule 8.82 and refer the Administrator also to Probate Code sections 12200, and 9000 through 9399.
Appearance not required (by VCourt if preferred).

PR-23-000393 ESTATE OF EMMA LAVERNE EDWARDS DESPER
Hearing on Petition for Probate of Will and for Letters of Administration with Will Annexed continued from 05/16/23, 08/16/23, 11/14/23, 03/12/24:
Objection filed – 10/20/23. Objection constitutes a Will contest.
On 03/12/24 court directed Objector to perfect notice of will contest no later than 05/14/24. Proof of service of Summons not yet on file pursuant to PrC§8250, CCP§415.10 et seq. on interested parties DAKOTA E. and KATHERINE D.
Appearance by counsel required (by VCourt if preferred).

PR-23-001288 ESTATE OF JENEVIEVE ANN KENOYER, AKA JENEVIEVE A. KENOYER
Hearing on Petition for Probate of Will and for Letters Testamentary continued from 01/23/24, 03/15/24:
Prior Notes have been cured.
Will is not self-proving.  Proof of Subscribing Witness on file.
Recommend approval of petition and admission of Will to probate.
Recommend Inventory Review Hearing 11/21/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-18-000116 ESTATE OF GUADALUPE A. OROZCO, AKA LUPE OROZCO   
Hearing on Petition by Ogden Law Firm for 1. Apportionment of Statutory Attorney’s Compensation; 2. Reimbursement of Costs Advanced; and 3. Interim Extraordinary Fees of Attorney:
Note has been cured.
Amended Declaration filed by personal representative in response – file-marked 05/16/24.
Hearing required.
Appearance by personal representative and counsel from Ogden Law Firm required (by VCourt if preferred).

PR-23-000120 ESTATE OF CAMILLA CANTU GARCIA, AKA CAMILLA C. GARCIA, CAMILLA GARCIA
Hearing on Third PrC§12200 Status Report of Administration:
Notice of Hearing appears complete.
Recommend court allow estate to remain open and set a further Account Review Hearing 02/19/25.
Appearance not required (by VCourt if preferred).
 

PR-23-000309 ESTATE OF ROBERT VIZZOLINI, AKA ROBERT A. VIZZOLINI, ROBERT ALAN VIZZOLINI
Hearing on Petition for Final Distribution of Estate; First and Final Account and Report of Administrator; Petition for Reimbursement of Personal Monies Advanced; Petition for Allowance of Attorney and Administrator Statutory Fees and Costs:
Please be aware in future Notes that the Report does not appear sufficiently detailed pursuant to PrC§9202(b) (knowledge of personal representative or estate attorney).
Paragraph 12 of Report alleges that personal representative complied with Probate Code section 9652 by keeping cash in an interest-bearing account, but the Summary of Account does not reflect interest.
Please file a certified copy of the Letters of Guardianship of the Estate. If there is no Guardian of the Estate, please explain how personal representative will distribute the minor’s share of the estate pursuant to Local Rule 8.84.
Petition and proposed Order cite the wrong Local Rule for an accounting on retained funds. See Local Rules 8.68 and 8.92.
Recommend continuance to 09/05/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-23-000889 ESTATE OF ROBERT MADRUGA
Hearing on Report of Administrator on Waiver of Account and Petition for Allowance of Statutory Compensation to Attorney for Ordinary Services, for Costs of Administration and for Final Distribution:
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 01/23/2025 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).

PR-24-000298 JOSEPH SALLABERRY AND JEANINE SALLABERRY REVOCABLE TRUST
Hearing on Petition for Conveyance or Transfer of Property, Breach of Trust, Financial Elder Abuse, Damages Purs. to PrC§859, and Fraud and Undue Influence:
Notice appears complete, including proof of personal service on the Respondent.
Hearing required.
Appearance by counsel required (by VCourt if preferred).

PR-24-000363 ESTATE OF BETTY SULLIVAN
Hearing on Petition for Letters of Administration:
Petitioner is a nominee of all those with priority of appointment.
Recommend approval of petition.
Recommend Inventory Review Hearing 11/21/24 pursuant to Local Rule 8.41 B
Appearance not required (by VCourt if preferred).

PR-24-000368 ESTATE OF ROBERT A. LOTT
Hearing on Petition for Letters of Administration:
•    Proof of notice not on file for person(s) having legal custody of minor heirs CRC 7.51(d). Petition seeks no bond, and order that “all funds” be deposited in a blocked account at a financial institution “TBD”. The petition alleges personal property estimated at $900.00 and real property estimated at $500,000.00 will a small encumbrance. Request will be submitted to court for determination once notice is perfected.
•    One of the heirs is a minor. A Guardian ad Litem may be necessary.
•    Proposed Letters not yet submitted.
Recommend continuance to 08/02/24 to allow time to perfect notice.
Appearance not required (by VCourt if preferred).

PR-24-000372 ESTATE OF LAVERNE BARBARA GEORGE, AKA LAVERNE B. GEORGE.
Hearing on Petition for Letters of Administration:
Requested bond of $540,000.00 appears adequate based on estimated value of estate alleged in the petition.
•    Petition item 8 included second generation heirs but not the deceased ancestor through which they take (please see Local Rule 8.26 E).
•    Server’s printed name was omitted from Form DE-121, Notice of Petition.
Recommend continuance to 08/02/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).