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.

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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 APRIL 7, 2025
The proposed revisions to the Local Rules, which will take effect July 1, 2025, are now available for download. The public commenting period is open until May 15, 2025.

POSTED MARCH 5, 2025
Inventory and Appraisals:  If the Inventory and Appraisal has been submitted to the probate referee but not filed prior to the Inventory Review date, the Personal Representative, or their retained counsel, may file a declaration attesting to these facts and provide an anticipated timeframe for filing.  The Court may, in its discretion, continue the Inventory Review hearing without required appearances.

POSTED DECEMBER 16, 2024
Please visit the new Probate Examiner's Corner section of the Probate Division webpage where you will find news, reminders, and guides!

POSTED OCTOBER 15, 2024, UPDATED JANUARY 2, 2025
To those in the probate community who handle or assist with Conservatorships: Please take care to learn about the revision to Judicial Council Form GC-355 and new attachment Form GC-356 which went into effect January 1, 2025, and the new requirements for that form based on Senate Bill 280.

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. 

• 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.

THURSDAY JULY 3, 2025
Department 22
8:30 a.m.

385598 MATTER OF MISTY MAREZ SPECIAL NEEDS TRUST
Hearing on Sixth Account and Report of Trustee and Petition for its Approval and Settlement; for Approval of Payments to Trustee for Bookkeeping Services; for Approval of Payment to Johnston, Kelly & Co for Accountant Services; for Attorney’s Fees and Costs Advanced; for Approval of Monthly Allowance of $500.00 Payable to Beneficiary from the Trust; and for an Order Allowing Trustee to Request Trustee Fees at a Later date:
Defects cured.
Recommend approval of account and report as supplemented.
•    Proposed order submitted 07/02/25 has the following defect:
    o    Finding regarding notice was omitted [see PrC§1260].
Recommend Account Review Hearing 01/06/27.
Appearance not required (by VCourt if preferred).

PR-21-000286 ESTATE OF JUDITH AUGUSTA DEROSA, AKA JUDITH A. DEROSA
Account Review Hearing:
Petition for Appointment of Successor Administrator was filed and set for hearing on 08/20/25.
Hearing of 08/20/25 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-22-001153 ESTATE OF LINDA RUTH LE COUNT, AKA LINDA RUTH LECOUNT, LINDA R. LECOUNT
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing 07/09/25.
Hearing of 07/09/25 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-23-000480 ESTATE OF PATRICIA ANN DODD
Account Review Hearing continued 08/22/24, 12/19/24:
Petition for Final Distribution has been filed and set for hearing on 08/12/25.
Hearing of 08/12/25 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-23-001036 ESTATE OF AUREL VIREGAN
Account Review Hearing continued from 12/18/24:
On 12/18/24, the court ordered personal representative to file a Second PrC§12200 Status Report (with Notice pursuant to PrC§12201) within 90 days if estate is not in a position to be closed.
•    Neither Petition for Final Distribution nor PrC§12200 Status Report have been filed.

Recommend court issue Order to Show Cause to administrator 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 Administrator (self-represented) required (Anyone appearing may do so in person, or remotely, by telephone using VCourt).

PR-24-000047 A & T 2005 REVOCABLE TRUST
Related Decedent’s Estate matter PR-24-000104.
(1)    Hearing on Petition for 1. Removal of Trustee; 2. Request for Temporary Order; 3. Modification of Trust; 4. Allocation of Trust Assets; 5. Accounting; 6. Intentional Interference with Expected Inheritance; 7. Elder Financial Abuse continued from 04/03/24, 05/23/24, 09/11/24, 12/10/24:
Objection filed – 03/26/24 (by Tina Marie Silva).
Possible long cause matter.

(2)    Hearing on Tina Marie Silva’s Cross-Petition for Financial Elder Abuse and Isolation and Intentional Interference with Expected Inheritance and Objection of Tina Silva continued from 05/23/24, 09/11/24, 12/10/24:
Answer filed – 05/17/24 (by Julio Silva, Frank Silva and Susan Silva).
Possible long cause matter.

Need status of discovery, meet-and-confer.
Appearances required (by VCourt if preferred).

PR-24-000104 ESTATE OF ARTHUR F. SILVA, AKA ARTHUR SILVA
Related Trust matter PR-24-000047.
Hearing on Petition for Probate of Lost Will and for Letters of Administration with Will Annexed continued from 03/06/24, 04/03/24, 05/23/24, 09/11/24, 12/10/24:
Prior defects cured.
Objection filed - 02/28/24 (by Tina Marie Silva).
Possible long cause hearing.
Appearances required (by VCourt if preferred). 

PR-24-000381 ESTATE OF CARL HARVEY SMITH, AKA HARVEY CARL SMITH, HARVEY C. SMITH
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing 09/10/25.
Hearing of 09/10/25 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-24-000550 ESTATE OF SURES CHAND PRASAD
Inventory Review Hearing: 
Final Inventory and Appraisal is on file.
Petition for Final Distribution has been filed and set for hearing on 07/30/25.
Hearing of 07/30/25 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-24-000644 ESTATE OF RONALD JAMES BOLES, AKA RONALD J. BOLES, RONALD BOLES
Hearing on Petition for Final Distribution of Estate to the Trustee of the 2011 Ronald J. Boles and Frances J. Boles Revocable Trust Dated September 14, 2011, on Waiver of Account; First and Final Report of Administrator with Will Annexed; Petition for Statutory Attorneys’ and Administrator with Will Annexed’s Fees and Costs of Administration:
Recommend approval of petition.
Recommend Discharge Review Hearing 01/22/26 pursuant to Local Rule 8.92.
Recommend court vacate Account Review Hearing 12/17/25.
Appearance not required (by VCourt if preferred).

PR-24-000746 ESTATE OF ROY ROGER MEDEIROS, AKA ROY R. MEDEIROS, ROY MEDEIROS
Inventory Review Hearing: 
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 01/06/26 pursuant to Local Rule 8.82.
Appearance required (by VCourt if preferred).

PR-24-000752 ESTATE OF DAVID CHABIEL MONTEZ
Hearing on First and Final Report of Administrator and Petition for its Settlement, for Allowance of Compensation of Ordinary Services and Costs, and for Final Distribution reset from 05/07/25 per minute order dated 03/03/25:
•    Notice was given for the 05/07/25 hearing which was reset by the court to 07/03/25.
•    Summary of Account omitted the period covered by the account [PrC§1061(a)].
•    Please provide a Schedule of Market Value for Property on Hand at Beginning/End of Account Period [PrC§1063(a)].
•    Please provide a Schedule for Distribution. See Local Rule 8.65 and PrC§§1063(f).
Recommend continuance to 10/01/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-24-000757 ESTATE OF DARRELL VERN BYE, JR. AKA DARRELL V. BYE, JR. DARRELL BYE
Hearing on Petition for Probate of Will and for Letters Testamentary (filed by M. Bye) continued from 09/19/24, 12/12/24:
Will is not self-proving per Local Rule 8.23.  Proof of Subscribing Witness on file.
Prior Notes have been cured. Notice was only recently completed.
Recommend court set deadline for will contest to be filed.

Hearing on Petition for Letters of Administration (filed by D. Ferreira) continued from 09/04/24, 09/19/24, 12/12/24:
•    New proposed Letters, Form DE-150, are necessary as new counsel has substituted in for this petitioner.

Appearance by counsel required. Anyone choosing to appear may do so either in person or remotely, by telephone, using VCourt.

PR-24-000760 ESTATE OF CHRISTINE RITA PENNACHIO
Inventory Review Hearing: 
Final Inventory and Appraisal is on file.
•    Inventory and Appraisal omits characterization of decedent’s property [PrC§8850(c)]. This information will be needed prior to the closing of the estate.
Recommend Account Review Hearing 01/06/26 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-24-001058 ESTATE OF SHONNIA KAY CERVANTES, AKA SHONNIA CERVANTES
Inventory Review Hearing: 
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 01/13/26 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-22-000335 ESTATE OF FRANK PAUL HERNANDEZ
Hearing on Motion to Quash Service:
SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/…

PR-23-000736 ESTATE OF EDDIE FRANKLIN JOHNS
Hearing on Petition for Final Distribution, Final Report of Administration, Settlement of Estate, Allowance of Compensation of Personal Representative and Allowance of Attorneys Fees, Allowance of Extraordinary Fees, Waiver of Account:
•    Schedule(s) showing Gains/Losses and/or Receipts not attached as required by CRC 7.550(b)(6).
•    Notice of Hearing not on file (PrC §§ 10830, 11000, 11601).
•    Proposed Order not on file at time of review.
Recommend continuance to 09/05/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-23-001187 ESTATE OF FRANK T. FUSCO, AKA FRANK TOM FUSCO, FRANK TOMMY FUSCO
Hearing on PrC§12200 Status Report of Administration:
•    Notice of Hearing did not reflect that notice was given to the creditors that have filed claims and for whom it does not appear that personal representative has filed Forms DE-174 Allowance or Rejection of Creditor’s Claim [PrC§§12201(b), 48].
Recommend court order personal representative to perfect notice pursuant to PrC§12201 before the next hearing or surcharge may be imposed. If the Petition for Final Distribution is filed prior to the next hearing, the next hearing may be vacated.
Recommend continuance to 09/12/25 to allow time for notice.
Appearance not required (by VCourt if preferred).

PR-24-000247 ESTATE OF MARY JANE BERNARD
Hearing on Petition for Final Distribution; for Order on First Account; for Approval of Statutory Personal Representative’s Fees; for Approval of Statutory Attorney’s Fees; for Approval of Costs:
•    The pleading caption does not appear complete. Is this Administrator’s First and Final Account? – “Petition for Order on First Account” is not an adequate caption for that type of pleading. See Probate Code § 10951, California Rule of Court 7.102, Local Rule 8.83L.
      o    Notice therefore appears defective, as well, [PrC § 11000(c), CRC 7.50].
•    Paragraph 17 contains an allegation purs. to PrC§1064(a)(5) that the petitioner maintained all cash invested in interest bearing accounts or other investments authorized by law except for such amounts necessary to administer the estate. The accounting reflects that the estate received no interest during the account period, and the property on hand is held in an “estate trust account”. Is that the attorney’s client trust account? Deposit in such account does not appear to comply with PrC§9652. Issue will be submitted to the court for determination once other notes are cured.
•    Paragraph 24, line 15, contains the petitioner’s allegation of the tentative amount of property on hand for distribution. Is the petitioner uncertain of the amount of cash in the estate account? In a formal accounting, accuracy and precision is expected.
•    Affidavit of service was not attached to the Notice of Proposed Action file-marked 05/27/25.
Recommend continuance to 09/12/25 to allow time to cure defects, address Notes.
Appearance not required (by VCourt if preferred).

PR-25-000177 MATTER OF HAAG FAMILY REVOCABLE LIVING TRUST OF 1992
Hearing on First and Current Account and Report of Trustee and Petition for its Settlement and for Confirmation of Trustee Fees and for Allocation of Attorney Fees and Costs:
Objection filed – 07/01/25. In addition to objecting to the allocation of attorney’s fees and costs, which the court had already indicated it was not inclined to grant, objector opposes court’s approval of trustee’s fees and in turn seeks objector’s attorney’s fees and costs.
Appearance by counsel required (by VCourt if preferred).

PR-25-000566 ESTATE OF MARK HARRY SCRIBEN
Hearing on Petition for Letters of Administration:
Requested bond of $131,000.00 appears adequate based on estimated value of estate alleged in the petition.
Prior defects cured.
•    One of the heirs is a minor. A Guardian ad Litem may be necessary. Submitted to judge for determination.
•    Form DE-150, Letters, not submitted at time of review.
Appearance required (by VCourt if preferred).

PR-25-000569 ESTATE OF VERNON KEITH COGGINS, AKA VERNON COGGINS
Hearing on Petition for Letters of Administration:
Recommend approval of petition.
Recommend Inventory Review Hearing 01/08/26 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

 

FRIDAY JULY 4, 2025
JUDICIAL HOLIDAY

MONDAY JULY 7, 2025
Department 22
No probate matters on calendar.

TUESDAY JULY 8, 2025
Department 22
8:30 a.m.

PR-21-000291 ESTATE OF WILLIAM MATTHEW ARNOLD
Discharge Review Hearing continued from 06/15/23, 08/31/23, 01/04/24, 04/09/24, 05/03/24, 01/09/25:
Nothing filed since previous hearing. Prior Note remains:
Ex Parte Petition for Final Discharge and Order has not yet been submitted.
Appearance by Administrator and Administrator’s counsel required (by VCourt if preferred).

PR-23-000743 KAREN L. PAPPAS 2009 REVOCABLE TRUST  
3. Hearing on Petition for Approval of First Account and Report of Trustee continued from 09/26/24, 03/04/25:
No defects. Trailing.

2. Hearing on Petition for Orders Instructing Trustee to Take Proposed Action to Sell Real Property and Expunge Notice of Pendency of Action continued from 09/17/24, 03/04/25:
Objection filed – 09/19/24. 
Notice appears complete.

1.  Hearing on Petition for Instructions for Removal of Trustee for Breach of Fiduciary Duty, for Accounting and for Order Compelling Redress of Breach of Trust by Recession and for Order for Return of Trust Property continued from 10/12/23, 01/30/24, 04/11/24, 06/17/24, 09/17/24, 03/04/25:
Objection filed – 01/26/24. 

On 09/26/24 the court issued a Breslin order re: mediation.
Per Status Report of counsel Jacob Smith, mediation has been scheduled for mid-August.

Recommend continuance of all three matters to 11/12/25 to allow time for mediation. 
If not settled, parties shall file either a joint or separate status report, with proof of service, no fewer than ten days prior to the next hearing.
Appearance not required (by VCourt if preferred).

PR-23-001192 ESTATE OF RYAN SCOTT THOMPSON
(1)    Order to Show Cause issued 03/04/25 to Melanie Guzman:
To appear and show cause for failure to appear at the 03/04/25 hearing and failure to perfect notice as directed.
Failure to appear and perfect notice by next hearing may result in possible surcharge.

(2)    Hearing on PrC§12200 Status Report of Administration continued from 03/04/25:
Prior defects cured. 
Petition for Final Distribution has been filed and a hearing has been set for 10/02/25.
Appearance by administrator and administrator’s counsel required (by VCourt if preferred).

PR-23-001317 ESTATE OF MARY LOU PACHECO
Account Review Hearing continued from 03/04/25:
On 03/04/25, 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-24-000067 ESTATE OF ROBIN G. CARTER
Inventory Review Hearing continued from 08/27/24, 03/04/25:
Final Inventory and Appraisal on file.
•    Inventory and Appraisal omitted characterization of decedent’s property [PrC§8850(c)]. This information will be needed prior to the closing of the estate.
•    Current bond does not appear sufficient. Personal Representative did not file ex parte for increase of bond [PrC§8480(c), CRC 7.204].
Appearance by counsel required, to address bond (by VCourt if preferred).

PR-24-000387 ESTATE OF JEFFREY LEE KRETZ
Account Review Hearing:
PrC§12200 Status Report has been filed and set for hearing 08/13/25.
Hearing of 08/13/25 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-24-001248 ESTATE OF ALICIA MALDONADO MIJARES
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 04/07/26 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-24-001253 ESTATE OF DOYLE H. CALDWELL
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 03/10/26 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-25-000018 ESTATE OF DELBERT O. EVITT
Hearing on Petition for Probate of Will and for Letters Testamentary continued from 03/04/25:
Nothing filed since last hearing. Prior notes remain:
Examiner notes it appears your documents were submitted reflecting an incorrect address for the Court. Please note, the correct physical and mailing address of the clerk’s office is: 801 10th Street, 4th Floor, Modesto, CA 95354. Please ensure future filings indicate the correct address.
•    Will is not self-proving per Local Rule 8.23 and Probate Code section 6240.  
•    Will was not witnessed. Declaration re: supporting evidence not on file. See PrC§§8221, 6110.
•    Form DE-147 Duties and Liabilities not on file.
•    Form DE-121 Notice of Petition to Administer Estate not on file.
•    Affidavit of publication not on file. See Local Rule 8.12.
•    The following items will need to be addressed in the petition:
      o    Petition item 1 did not include the name of the newspaper where Petitioner intends to publish notice. See Probate Code section 8121 and the court’s website here: https://www.stanislaus.courts.ca.gov/divisions/probate/newspapers 
      o    Item 2a incomplete (box is not checked indicating Will to be admitted).
      o    Item 2c unclear - Both Full and Limited boxes were checked (authority to be granted under the Independent Administration of Estates Act).  Please indicate which powers are being requested.
      o    Item 2d unclear (bond).  If requesting limited authority, a bond will be required or the funds can be ordered deposited in a blocked account.  Please clarify what you are requesting.
      o    Item 3c incomplete (decedent’s residence at time of death).  Without this information, the Court is unable to determine if this Court is the proper venue for this matter.
      o    Item 3e(1) was checked (will waives bond); however, there is no statement in the Will indicating executor shall serve with no bond.  Please either file Waivers of Bond [Form DE-142/DE-111(A-3e)] or request the appropriate bond amount on Item 2.  
      o    Item 3f(2) incomplete (date of Will).
      o    Item 5a(3) or (4) incomplete (existence of registered domestic partner).
      o    Item 5a(7) or (8) incomplete (existence of issue of a predeceased child).
      o    Item 5b incomplete (existence of stepchild or foster child who would have been adopted but for a legal barrier).
      o    Item 8 incomplete (Names, relationships and addresses).  Must include all those named in the Will, as well as the decedent’s heirs. If any are deceased, please include the date of death. See Petition item 8 and Local Rule 8.26.
                +    Item 8 box checked “continued on Attachment 8” but the attachment was not included.
•    Once the issues of bond and authority under IAEA are clarified on the petition, a new Order for Probate (Form DE-140) may be required to match the request.

Consider visiting the California Courts Self Help page at:
https://selfhelp.courts.ca.gov/probate and downloading forms from https://www.courts.ca.gov/forms.htm
Need status.
Appearance by petitioner (self-represented) required (Anyone wishing to appear remotely, may do so by telephone, using VCourt).

PR-24-000710 ESTATE OF DELLA ROSE REISER, AKA DELLA R. REISER
Hearing on First and Final Account of Administrator and Petition for Allowance of Compensation to Attorney for Ordinary and Extraordinary Services and to Administrator for Ordinary Services and for Final Distribution:
•    Paragraph 26 (Compensation) and Summary/schedule A do not agree. Compensation recites receipts at a total of $5,306.14; however, Summary of Account recites receipts at a total of $10,306.14. Please clarify.
Recommend continuance to 07/16/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-24-000840 ESTATE OF JILLINDA JANE FERGUSON MILLS
Hearing on First and Final Account and Report of Executor, and Petition for Settlement Thereof; for Allowance of Statutory Executor and Attorneys’ Compensation and for Final Distribution:
Recommend approval of petition.
Recommend Discharge Review Hearing 01/22/26 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).

PR-25-000227 MATTER OF BUCHANAN 1990 TRUST
Hearing on Petition for Order Confirming Successor Trustee and Trust Asset:
•    Copies of the Petition were not provided with the Notice of Hearing (item 5 on page 2 of the Notice of Hearing). See PrC§851(a).
•    Is Lucille Souza (Buchanan) still living? She is identified in the First Amendment to the Buchanan 1990 Trust as a person who would be interested in this proceeding.
•    Proposed Order: the second half of paragraph 3 on page 2 appears beyond the scope of what was prayed for.
Recommend continuance to 09/12/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-25-000571 ESTATE OF WENDY N. GUERNSEY
Hearing on Spousal Property Petition:
•    Attachment 7 does not appear to contain sufficient relevant facts to support allegation that the subject property is community property. See Local Rule 8.98 B.
Recommend continuance to 08/29/25 to allow time to cure defect.
Appearance not required (by VCourt if preferred).

PR-25-000575 ESTATE OF LISA M. MICHAEL
Hearing on Petition for Probate of Will and for Letters Testamentary:
•    Petition item 8 identified a child of decedent’s who was subsequently adopted. Please prepare a verified Declaration pursuant to PrC§6451(a). Did the decedent and the child’s other parent live together either before or after the child’s birth, and did the child’s other parent subsequently pass away before the adoption? See commentary in the Annotated Probate Code.
•    Petition item 8 did not identify the Trustee (pour-over will) or the Trust beneficiaries. See Local Rule 8.26 A.
•    Petition item 8 did not include the alternate executor(s) nominated in the will. See PrC§8110(b).
•    Please file a copy of the Trust for the court to determine if notice is complete purs. to PrC§§8110, 1208.
•    Will is not self-proving per Local Rule 8.23.  Proof of Subscribing Witness (Form DE-131) not on file.
•    Proof of mailed notice purs. to PrC§8110 not on file for decedent’s issue adopted by a third party, alternate executor, trustee, trust beneficiaries (if petitioner is the Trustee). See above references, as well as CRC rule 7.52 and Local Rule 8.14 B.
•    Affidavit of publication not on file.
Recommend continuance to 10/22/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-25-000577 MATTER OF REBECCA BENNETT
Hearing on Petition for Return of Real Property Belonging to Decedent:
•    The prayer on page 9 may be missing two paragraphs; the numbers jump from “3” to “6”. The prayer did not include 859 damages, but the petition lines 18 through 22 on page 5 includes a request for 859 damages. The Notice of Hearing did not give notice of a request for damages and gave explicit notice that the petition “does not seek relief pursuant to Prob. Code 859”. If the petitioner seeks 859 damages, recommend court require an amended petition or amendment to the petition be filed and new notice be given purs. to CRC rules 7.3 and 7.53.
Submit issue of standing to court’s determination. Petitioner is one of the decedent’s children and seeks return of real property to the decedent’s “estate”. Petitioner asserts her standing as “any interested person” pursuant to PrC§§850(a)(2)(D), 48. The statutes referenced in section III of the Petition (jurisdiction and venue) apply to a proceeding involving administration of a decedent’s estate. Please come to court prepared to inform the court if this decedent’s estate administration has commenced in another county, and is the petitioner the personal representative? If so, please file a certified copy of the Letters. 
Hearing required.
Appearance by petitioner’s counsel required (by VCourt if preferred).

 

WEDNESDAY JULY 9, 2025
Department 22
8:30 a.m.

427103 MATTER OF ALONZO MARQUEZ SPECIAL NEEDS TRUST
Hearing on Status Report continued from 03/25/25:
A Declaration in Lieu of Account has been filed and set for hearing 08/26/25.
Hearing of 08/26/25 will be confirmed.
Recommend court drop hearing on the Status Report.
Appearance not required (by VCourt if preferred).

PR-22-000148 ESTATE OF DONALD H. WAHL, AKA DONALD HUGH WAHL, DONALD H. WAHL, M.D.
Discharge Review Hearing continued from 04/04/24, 08/06/24, 11/19/24, 03/20/25:
Ten of Twelve Receipts of distribution are on file.
Pursuant to a revision in Local rule 8.68, If the Petition for Final Distribution is approved with a reserve of less than $5,000, the personal representative need not account for the reserve and may be discharged on the filing of an Ex Parte Petition for Final Discharge (Judicial Council form DE-295) that attaches conformed copies of the filed receipts only for the approved distribution.
Need additional receipts for 2 heirs and receipts of distribution for shares of stocks.
Recommend continuance to 10/16/25 pursuant to a declaration filed by counsel to allow more time to file the above pleadings.
Appearance not required (by VCourt if preferred).

PR-23-000726 ALFONSO GENEL NAVARRO TRUST
Hearing on Amended Petition (file-marked 01/29/24) to Invalidate Trust Based on Undue Influence, for Surcharge Damages for Breach of Fiduciary Duty, to Compel Production of Accounting and Trust Records, for Removal of Trustee, Alfonso Genel Cuevas, for Double Damages and for Attorney’s Fees and Costs continued from 10/11/23, 01/30/24, 04/16/24, 08/06/24, 10/29/24, 03/26/25:
Objection to Amended Petition (file marked 05/30/24 - by Alfonso G. Cuevas)
On 03/26/25, court directed parties to file a joint or separate status report at least 5 days prior to the next hearing.  Objector’s Meet and Confer Report not on file.
Possible long cause. 
Hearing required.  
Appearance by co-petitioners’ counsel and counsel for objector required. (Anyone appearing at this hearing may do so either in person or remotely, by telephone, using VCourt)

PR-23-000753 ESTATE OF BETTY JEAN WHITTLES
Inventory Review Hearing continued from 03/19/25:
Nothing filed since previous hearing. Prior Notes remain:
Letters issued 09/03/24. Inventory and Appraisal due 01/03/25.
Final Inventory and Appraisal not on file. See Local Rule 8.41 B, Probate Code section 8800 et seq.
Consider visiting the California Courts Self Help “inventory” page at
https://selfhelp.courts.ca.gov/probate/inventory-estimate-value and downloading forms from https://www.courts.ca.gov/forms.htm and please review your responsibilities in the Duties and Liabilities, Form DE-147, you signed and filed.
Recommend court compel Personal Representative to file the Final Inventory and Appraisal pursuant to Probate Code § 8804 or face possible sanctions including removal from office.
On 03/19/25, the court ordered the Administrator to update his street and mailing addresses with the court clerk’s office. Not on file.
Appearance by Administrator (self-represented) mandatory (by VCourt if preferred).

PR-23-000754 ESTATE OF RICHARD ALLEN WHITTLES
Inventory Review Hearing continued from 03/19/25:
Nothing filed since previous hearing. Prior Notes remain:
Letters issued 09/03/24. Inventory and Appraisal due 01/03/25.
Final Inventory and Appraisal not on file. See Local Rule 8.41 B, Probate Code section 8800 et seq.
Consider visiting the California Courts Self Help “inventory” page at
https://selfhelp.courts.ca.gov/probate/inventory-estimate-value and downloading forms from https://www.courts.ca.gov/forms.htm and please review your responsibilities in the Duties and Liabilities, Form DE-147, you signed and filed.
Recommend court compel Personal Representative to file the Final Inventory and Appraisal pursuant to Probate Code § 8804 or face possible sanctions including removal from office.
On 03/19/25, the court ordered the Administrator to update his street and mailing addresses with the court clerk’s office. Not on file.
Appearance by Administrator (self-represented) mandatory (by VCourt if preferred).

PR-23-000755 ESTATE OF THOMAS RAY WHITTLES
Inventory Review Hearing continued from 03/19/25:
Nothing filed since previous hearing. Prior Notes remain:
Letters issued 09/03/24. Inventory and Appraisal due 01/03/25.
Final Inventory and Appraisal not on file. See Local Rule 8.41 B, Probate Code section 8800 et seq.
Consider visiting the California Courts Self Help “inventory” page at
https://selfhelp.courts.ca.gov/probate/inventory-estimate-value and downloading forms from https://www.courts.ca.gov/forms.htm and please review your responsibilities in the Duties and Liabilities, Form DE-147, you signed and filed.
Recommend court compel Personal Representative to file the Final Inventory and Appraisal pursuant to Probate Code § 8804 or face possible sanctions including removal from office.
On 03/19/25, the court ordered the Administrator to update his street and mailing addresses with the court clerk’s office. Not on file.
Appearance by Administrator (self-represented) mandatory (by VCourt if preferred).

PR-23-000964 ESTATE OF DIANA HERNANDEZ
Account Review Hearing:
•    Neither Petition for Final Distribution nor (Second) PrC§12200 Status Report are on file at the time of review.  See Local Rule 8.82. 
Recommend court order personal representative 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 10/28/25 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-24-000686 ESTATE OF JESSE T. GARCIA
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 12/10/25 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-24-000871 ESTATE OF KENNETH W. HARLAN
Inventory Review Hearing continued from 03/25/25:
Final Inventory and Appraisal on file.
Recommend court set Account Review Hearing 01/13/26 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-24-000929 ESTATE OF JOSE JUAN GUTIERREZ, AKA JOSE JUAN GUTIERREZ, SR.
Inventory Review Hearing:
Final Inventory and Appraisal on file.
•    Inventory and Appraisal omits characterization of decedent’s property [PrC§8850(c)]. This information will be needed prior to the closing of the estate.
•    Date of decedent’s death does not conform to the Order for Probate.
      o    A Corrected Inventory and Appraisal is required as this is the date used for appraising assets of the estate.
      o    If the date of death in the Order for Probate was not correct, please see PrC§8006 and Local Rule 8.35.
Recommend court set Account Review Hearing 04/28/26 pursuant to Local Rule 8.82.
Appearance by counsel required (by VCourt if preferred).

444867 MATTER OF JOEL DOUGLAS RADUECHEL SPECIAL NEEDS TRUST
Account Review Hearing continued from 02/19/25:
Do not recommend further continuance of the Account Review.

Hearing on Sixth Account and Report of Trustee of Special Needs Trust and Petition for Allowance of Attorney’s Fees and Reimbursement of Costs Advanced by Attorney:
Recommend approval with the modification of reducing attorney’s fees by one hour as there will be no appearance required at this hearing: total approved fees of $1,218.75. The court will update line 22 on page 2 of the proposed Order.
Recommend Account Review Hearing 03/23/2027.
Appearance not required (by VCourt if preferred).

PR-22-001153 ESTATE OF LINDA RUTH LE COUNT, AKA LINDA RUTH LECOUNT, LINDA R. LECOUNT
Hearing on Waiver of Accounting, Report of Administrator and Petition for Final Distribution; Waiver of Compensation by Administrator; for Allowance of Compensation to Attorney for Ordinary Services and for Final Distribution:
Schedule calculating losses on sales not on file, see Local Rule 8.65 B 4, CRC rule 7.550(b).
Proposed Order not yet submitted.
Recommend continuance to 08/22/25 to allow time to cure defect.
Appearance not required (by VCourt if preferred).

PR-23-001076 ESTATE OF CHRISTINA LIMPER
Hearing on Petition for Final Distribution of Estate on Waivers of Account; First and Final Report of Executor; Petition for Allowance of Attorney Statutory Fees and Costs:
•    Need new order. Proposed order submitted 05/27/25 omitted omnibus clause.
Recommend approval of petition.
Recommend Discharge Review Hearing 01/22/26 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).

PR-24-001217 ESTATE OF TARAH ROTERMUND
Hearing on Report of Sale and Petition for Order Confirming Sale of Real Property of Decedent’s 82% interest in 2433 Marguerite Way, Ceres, CA 95307 (A.P.N. 040-081-010-000):
•    The exact date in the affidavit of publication as the date “on or after which” the sale was to be made is illegible, but it’s in July. 
•    Date of sale (05/23/25) was prior to the date “on or after which” the sale was to be made (July something) reflected in the published Notice of Intention to Sell.  See PrC§10306 and also Local Rule 8.55 B - "The published notice of sale of real property constitutes a solicitation for offers. A petition must not be filed and an offer must not be accepted prior to the date of sale specified in the published notice. If this situation occurs, the sale will be denied."
•    Affidavit of publication file-marked 06/27/25 reflects that published notice was completed (06/25/25) after the date of the sale (05/23/25). This appears to be a fatal defect pursuant to PrC§10300(a), 10306, Local Rule 8.55 B. Pursuant to these rules and statutes, a petition ought not to be filed prior to the completion of the publication – that sequence of events will always result in a fatal defect.
      o    Please note, there appears to be no defect with the published notice itself, and, purs. to PrC§10306(a), a private sale may be made up to one year after the day in the published notice as the date “on or after which” the sale is to be made. So while this sale may be vacated by the court, the publication would appear to be acceptable for a sale that occurred/occurs on or after the date “on or after which” the sale was to be made (July something).
•    The Petition reflects there was an exclusive contract for commission.  Please provide a copy of the court order authorizing exclusive contract or sale may be void. See Commentary of PrC§10150(c) in the Annotated California Probate Code and California Rule of Court 7.453.
•    The decedent’s interest in the property is only 82%. Is the sale price for 100% of the property or decedent’s 82%? The offer attached to the petition appears to indicate that the sale price is for 100% of the property.
•    One of the reasons for the sale (petition item 9) is “family allowance”. This is not a defect, but the court had previously indicated to the administrators’ counsel that a Guardian ad litem would be required for the minor heirs; on 01/31/25, counsel indicated that an application for appointment of GAL would be forthcoming. Not on file.
If no one appears, recommend court order the sale vacated.
Recommend court vacate Inventory Review Hearing of 08/06/25 (Final Inventory and Appraisal is on file) and set an Account Review Hearing 05/20/26 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).