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 JANUARY 6, 2026
Local Rules of Superior Court of California, County of Stanislaus, revisions effective January 1, 2026, are now available for download.

UPDATED SEPTEMBER 18, 2025; POSTED MARCH 5, 2025
Inventory and Appraisals:  An Inventory and Appraisal must be filed in all decedent's estates, conservatorship, and guardianship matters by a date certain pursuant to statute. If the estate has no assets at all as of the date of the appraisal (e.g., the date of decedent's death, or the date of appointment), an Inventory and Appraisal is still required and failure to file the form even when the estate has no value will very likely result in a required court appearance. For more information, those interested are invited to review the California Probate Referee Guide published by the California Probate Referee's Association, which is available for download online.

If more time is needed to marshal the assets, please see California Probate Code section 8800(b) and (c). Failure to file the Inventory and Appraisal by the statutory deadline, or obtain an extension of time, may result in penalties.

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 JULY 15, 2025
Probate customers may view the documents in the court's files online by accessing the Case Search Portal on the court's website. Access to view confidential documents remains restricted.

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 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.

FRIDAY, MAY 22, 2026
No decedent's estates, trust matters on calendar

MONDAY, MAY 25, 2026
Court Holiday

TUESDAY, MAY 26, 2026
No decedent's estates, trust matters on calendar

WEDNESDAY, MAY 27, 2026
No decedent's estates, trust matters on calendar

THURSDAY, MAY 28, 2026
No decedent's estates, trust matters on calendar

FRIDAY, MAY 29, 2026
No decedent's estates, trust matters on calendar

MONDAY, JUNE 1, 2026
No decedent's estates, trust matters on calendar

TUESDAY, JUNE 2, 2026
No decedent's estates, trust matters on calendar

WEDNESDAY, JUNE 3, 2026
No decedent's estates, trust matters on calendar

THURSDAY, JUNE 04, 2026
Department 22
8:30 a.m.

PR-24-000279 ESTATE OF MARIA GUADALUPE SALAZAR
Account Review Hearing:
Corrected Final Inventory and Appraisal on file.
A Petition for Final Distribution has been filed and set for hearing 07/28/26.
Hearing of 07/28/26 will be confirmed.
Appearance not required (by VCourt if preferred). 

PR-25-000011 ESTATE OF RICHARD L. ROSS, AKA RICHARD ROSS
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing 07/08/26.
Hearing of 07/08/26 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-25-000107 ESTATE OF PETER C. LIMPER
Account Review Hearing:
See Local Rule 8.82. Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
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 09/16/26 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-24-000357 ESTATE OF LARRY D. EMENS, SR.
Hearing on PrC§12200 Status Report of Administration:
The report reflects that the personal representative made preliminary distributions without notice of proposed action, a requirement of which he alleges he was unaware. For distributions of the size reported, a notice of proposed action would not have been sufficient; a noticed petition for the court’s prior approval was required. See Probate Code §§ 10501, 11620.
Recommend court allow estate to remain open and set a further Account Review Hearing 09/03/26.
Appearance not required (by VCourt if preferred).

PR-24-000365 ESTATE OF JAMES D. LUNA
Hearing on First and Final Report and Account of Administrator and Petition for Approval Thereof; for Order for Payment of Administrator’s Statutory Fees; for Order for Payment of Attorney’s Statutory Fees and Costs; and for Order for Final Distribution:
•    Final seller’s escrow statement was not attached.
•    Report paragraph 7 does not appear to comply with PrC§9202(b) (“is or has previously been confined” and to the knowledge of the personal representative “or” estate attorney). See also PrC§216, Local Rule 8.83 F.
•    Paragraph 24 B of the petition and prayer paragraph E, as well as lines 7 and 26 on page 3 of the proposed Order all contain the same typographical error (amount of costs to be reimbursed). 
•    Postage is considered a cost of doing business and is not a reimbursable administrative cost (Exhibit H).
•    Please explain the three distributions dated 10/15/24 described as “Online Banking Transfer” to a savings account and a checking account. Were these transfers to accounts that do not belong to the estate? If so, for what purpose and to whom do the accounts belong? If they were transfers to accounts belonging to the estate, why were there not correlating “Receipts”?
•    The Schedules for Gains and Losses on Sale(s) must include the complete calculation of appraisal less sales price; the total alone is not sufficient.
•    The calculation of statutory compensation appears to contain a mathematical error; the difference is ($0.20). Please see calculator tool available online at https://www.stanislaus.courts.ca.gov/divisions/probate/calculator-tools
•    In light of these defects, when petitioner prepares the supplement or amended account that cures these issues, please also update the court and heirs with the status of the discrepancy in the bank account that caused the account not to balance: include an updated Schedule of Property on Hand at End of Account, and an updated Schedule of Proposed Distribution (and updated proposed reserve) that reflects the current cash on hand. See California Rules of Court rules 7.3 and 7.53.
•    Proposed Order omitted the court’s finding regarding notice [see PrC§1260].
Recommend continuance to 09/10/26 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-24-001058 ESTATE OF SHONNIA KAY CERVANTES, AKA SHONNIA CERVANTES
Hearing on First and Final Report of Administrator on Waiver of Account and Petition for Allowance of Compensation to Attorney for Ordinary Services and for Final Distribution:
Recommend approval of petition.
Recommend Discharge Review Hearing 12/17/26 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).

PR-25-000170 SPECIAL NEEDS TRUST OF JAMES W. MALLEY
Hearing on Petition to Approve Accounting for Special Needs Trust, Reduce Bond, and Approve Attorney Fees:
This is the Second Account of the Trustee, the first having been filed in the related conservatorship case; please label the next accounting as the Third Account.
• Notice of Hearing not on file.
• The petition includes a request for reduction of bond, which would appear appropriate, however the proposed bond reduction is too low. The bond amount must also include one year of income of the Trust as well as the recovery fee purs. to CRC rule 7.903(c)(5) and PrC§2320. Please see online calculator tool here: https://www.stanislaus.courts.ca.gov/divisions/probate/calculator-tools
• Statement regarding family/affiliate relationship omitted [see PrC§1064(a)(4)].
• Statement regarding interest bearing accounts omitted [see PrC§1064(a)(5)].
• The start date of this second account (04/19/22) is the same date as the end date of the prior first account (04/19/22). Both accountings included a disbursement of $500.00 on 4/19/26 – was that the same disbursement? The account periods may not overlap; this account must start on 04/20/22. Please file a supplement, amended account, or amendment to the account purs. to CRC rules 7.3 and 7.53.
• Account omitted Schedules of Property on Hand at beginning and end of the account period.
• Schedule of Disbursement must include both the payee and the purpose. 
• Unusual circumstances must be explained in the Petition, not only as a footnote in the Account (see PrC§1064):
      o    A footnote to the Schedule of Disbursement reflects that there was a prior court order approving visitation expense. Please provide the date of that order and the case number of the file in which the order was made in the body of the Report.
      o    Please elaborate on the second footnote to the Schedule of Disbursement for the $5,479.50 travel expense. 
• Please explain the more than $300.00 disbursement dated 07/16/22 for purpose of “restaurant”.
• The Trust makes frequent disbursements in the same amount for the purpose of “travel/motel”. This may not be an issue, but please include in the petition a brief explanation as to where the beneficiary is traveling to and what benefit he receives from the travel.
• Please explain the disbursements dated 12/6/22 and 12/6/23 for “annual charge inv. Acct.”. In future accountings, please limit the use of abbreviations unless they are universal (e.g., IRS, USPS).
• Schedule of Disbursements includes multiple credit card payments. In whose name is the credit card? If it is in the name of the Trust, then it would be considered a transfer and the credit card should be identified in a Schedule of Liabilities; the expenses charged to the credit card would be the “disbursement”. If it is in the name of the Trust beneficiary, and the beneficiary is charging personal expenses to the credit card and said charges are then paid by the Trustee from Trust funds, such disbursements may reduce or eliminate the beneficiary’s eligibility for public benefits. 
      o    If the latter, please show either that the distributions did not reduce or eliminate the beneficiary’s eligibility for public benefits, or, in the alternative, if the distributions would or did reduce/eliminate the beneficiary’s eligibility, that the distributions were in the beneficiary's best interest and Trustee acted in good faith. (See McGee v. State Dep't of Health Care Services (2023) 91 Cal.App.5th 1161, 1174–1176.) 
Recommend continuance to 09/17/26 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-26-000351 ESTATE OF JAMES BARRY TAVRES
Hearing on Petition to Determine Succession to Primary Residence:

Defects with the paperwork:
•    Petition Attachment 11 is not complete: missing statement of decedent’s percentage interest in the real property as well as a statement of facts that show it was the decedent’s primary residence in California, and a statement of facts regarding the nature of the characterization (whether separate or community property). See Petition item 11.
•    Petition Attachment 14 (identification of decedent’s heirs) did not include dates of death. Did any of the deceased relatives pass away after the decedent? Did the decedent’s late brother have any children? Is the decedent’s surviving brother an adult or a minor?
•    Notice of Hearing, Form DE-120, not on file (PrC§§13153, 1220).
•    Proof of mailing not on file for the Department of Health Care Services, nor Declaration that notice is not required (see Local Rule 8.17 and PrC§215).
•    Proposed Order, Form DE-315, not on file. 

Petitioner appears to lack standing to bring this petition:
Petitioner does not appear to be an heir of the decedent’s estate (she has not identified herself as a biological relative; see Probate Code sections 6400 et seq.). The attachments to the petition indicate that petitioner may be a partial owner of the same real property owned by the decedent at the time of his death. Petitioner has not filed an Assignment of Interest showing that one or all of the decedent’s heirs assigned their interest in the estate property to her (see Probate Code section 11604 and Local Rule 8.87).

Consider visiting the California Courts Self Help page at https://selfhelp.courts.ca.gov/probate/simple-transfer and downloading forms from https://www.courts.ca.gov/forms.htm
Appearance by Petitioner (self-represented) required (by VCourt if preferred).

PR-26-000354 ESTATE OF SEAN J. O’HEARN
Hearing on Petition to Determine Succession to Primary Residence:
If no one appears to object, recommend court find notice complete and approve the petition.
Appearance not required (by VCourt if preferred).

PR-26-000355 ESTATE OF FERNANDO ESPINOZA MARTINEZ
Hearing on Petition for Letters of Administration:
•    Petition item 2b was not completed (name of proposed personal representative).
•    Petition item 5a(1) or (2) incomplete (existence of spouse).
•    Petition item 5a(3) or (4) incomplete (existence of registered domestic partner).
•    Petition item 5a(7) or (8) incomplete (existence of issue of a predeceased child).
•    Petition item 5b incomplete (existence of stepchild or foster child who would have been adopted but for a legal barrier).
•    Petition item 8 must include the relationships of all those listed to the decedent.
•    If petitioner’s spouse passed away, item 8 must include the spouse’s name and date of death.
•    Petition item 8 reflects that a Guardian ad litem has already been appointed for the minor heir. That does not appear evident in this file. Does petitioner mean that a Guardian of either the person or estate has been appointed in a court in another county? If Letters of Guardianship of the Estate have been issued, please file a certified copy of the Letters. If not, a Guardian ad litem appears necessary in this case. Please see Local Rule 8.07. The petitioner would likely be considered ineligible as Guardian ad litem as there would appear to be an inherent conflict of interest.
•    Affidavit of publication not on file. See Local Rule 8.12.
•    Forms DE-140 and DE-150, Proposed Order and Letters, not submitted.
Recommend continuance to 09/10/26 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

FRIDAY, JUNE 05, 2026
Department 24 
8:30 a.m.

2200638 ESTATE OF DARYEL JOSEPH KASINGER, AKA DARYEL J. KASINGER, DARYEL KASINGER 
Discharge Review Hearing continued from 01/16/26, 04/03/26:
All receipts on file except receipt for Cash Ethan Kasinger. Examiner notes, successor administrator has not yet submitted an Order to Deposit Funds in Blocked Account for this minor’s share. 
Recommend court inquire successor administrator’s efforts to enforce surcharge order.
See Local Rule 8.84 and Probate Code section 3900 et seq.
See Local Rule 8.92. Form DE-295, Ex Parte Petition for Final Discharge and Order, not yet submitted at time of review.
Appearance required (by VCourt if preferred

Department 22
8:30 a.m.

PR-24-001128 ESTATE OF SARENA SUE GAWTHORP
Hearing on Waiver of Account, Report of Administrator, Petition for Allowance of Statutory Fees to Personal Representative, and Attorney and for Final Distribution continued from 05/14/26:
Nothing filed since last hearing. Prior notes remain:
•    Waivers of Accounting do not bear notary’s acknowledgement (Local Rule 8.69); Also, Waivers must be filed separately rather than attached to a pleading (PrC§10954).
•    Itemization of costs of administration was omitted (see Local Rules 8.69, 8.83K).
•    Need itemized list of assets on hand.  Please refer to PC§1062f.  "(f) Itemized list of property on hand, describing each item at its carry value."  Also Local Rule 8.83M. 
•    Need schedule calculating gains/losses on sales pursuant to Local Rule 8.65 B 4, CRC rule 7.550(b).
•    Need schedule of proposed distribution. See Local Rule 8.83M.
Recommend continuance to 08/07/26 pursuant to the request of counsel to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-25-001129 MATTER OF GEORGE W. MOORE TRUST
Hearing on Petition for an Order to Confirm Validity of Trust; Confirm Trustee; and Confirm Asset to Trust continued from 02/19/26, 05/20/26:
Points and Authorities have been filed as the court directed, addressing the prior Note:
•    The facts presented in this matter are that the title of the real property at issue is currently held in the name of the Trustor and his late wife (Peggy Moore), as husband and wife. According to the petition, a (valid) court order determining that the trustor’s late wife’s interest in the real property passed to the trustor has not been located. It therefore appears premature for the court to approve this petition, when the trustee has not shown that they have a claim to the property interest belonging to the trustor’s late wife. [Petitioner has argued that the trustor believed he held title, but petitioner has shown that trustor did not hold title. See PrC§850(a)(3).]
Submitted to court for determination.
Appearance by counsel required (by VCourt if preferred).