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 NOVEMBER 4, 2025
Stanislaus County Superior Court is now recruiting for a full-time Research Attorney. Final filing date is December 3, 2025. To view the job announcement please visit: https://www.governmentjobs.com/careers/scstanct

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, NOVEMBER 21, 2025
Department 22
8:30 a.m.

PR-19-001263 ESTATE OF MELVIN ALLEN, SR.
Hearing on First Account Current; Status of Administration; for Partial Allowance of Attorney’s Fees continued from 07/10/25, 08/28/25, 10/17/25:
Nothing filed since previous hearing. Prior Note remains:
•    Notice of hearing not on file for individual who filed a Request for Special Notice on 01/23/20 (M. Allen).
Appearance by counsel required (by VCourt if preferred).

PR-20-000087 APRIL WEST SPECIAL NEEDS TRUST
Hearing on Third Account and Report of Trustee; Petition to Settle Account; to Increase Bond; to Confirm, Fix, and Allow Trustee Fees; and to Fix and Allow Attorney’s Fees and Costs continued from 09/24/25, 10/22/25:
Account and petition approved on 10/22/25. Bond rider of $133,000.00 on file for total bond of $936,000.00. Order approving Third Account (approved 10/22/25) will be signed purs. to PrC§2320.2. 
Account Review Hearing of 10/05/27will be confirmed.
Appearance not required (by VCourt if preferred).

PR-22-001206 ESTATE OF DEBRAH BRITT
Hearing on PrC§12200 Status Report of Administration continued from 10/02/25:
Please note for future filings, all pleadings filed with this Court must reflect the proper county name: Stanislaus County.
On 10/02/25, the court continued the matter to allow time to perfect notice.
•    Form DE-120, Notice of Hearing, not on file.
Recommend court order personal representative to perfect notice pursuant to PrC§12201 before the next hearing or surcharge may be imposed. 
Appearance by Administrator’s counsel required (by VCourt if preferred).

PR-24-000250 ESTATE OF DALE NELSON ROBERTSON
Hearing on PrC§12200 Status Report of Administration continued from 05/20/25, 09/25/25:
On 05/20/25, the court directed personal representative to give Notice of Hearing of the continued hearing pursuant to PrC§12201.  
•    Item 1 on Notice of Hearing (file marked 09/24/25) is not checked indicating the filing is a report of the status under Probate Code section 12200.  This is required.
Recommend court issue Order to Show Cause to personal representative to appear to show cause why court should not impose surcharge for failure to perfect Notice pursuant to the above statute.
Appearance by personal representative and personal representative’s counsel required (by VCourt if preferred).

PR-24-001359 ESTATE OF GREGORY GUTIERREZ
Hearing on First Amended First and Final Account and Report of Administrator and Petition for its Settlement, for Fees for Ordinary Services, and for Final Distribution Based on Waiver of Accounting continued from 10/02/25:
Prior Note has been cured. Notice appears complete.
Recommend approval of Account and Petition.
Recommend Discharge Review Hearing 05/21/26 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).

PR-25-000054 ESTATE OF LOUIS EDWARD WEBB
Inventory Review Hearing continued from 09/11/25:
Form DE-150, Letters, have not yet been issued pursuant to PrC § 8405.
Inventory and Appraisal not on file at time of review.
•    Letters (Form DE-150) have not been issued because the bond of $156,210.00, as ordered by the court, has not been filed.
Without this document, the administrator’s appointment has not taken effect, and he has no authority to marshal the assets or act in this estate. 
Failure to present this document may result in the court setting aside the order appointing Louis R. Webb as personal representative.
On 09/11/25, the court indicated this was the last continuance and if Letters are not issued by next hearing, the case will be dismissed.
Nothing filed since last hearing.
Appearance by personal representative and his counsel mandatory. Anyone appearing at this hearing may do so either in person or remotely, by telephone, using VCourt.

PR-25-000489 MATTER OF VIRIGINIA SIEMERS REVOCABLE LIVING TRUST
Hearing on Petition to Establish Trust Interest over Property (PrC§17200) continued from 11/21/25:
Prior Notes have been cured.
Recommend approval of petition.
Appearance not required (by VCourt if preferred).

PR-25-000922 ESTATE OF SHIRLEY JEAN SHOEMAKER
Hearing on Petition for Probate of Will and for Letters Testamentary continued from 10/01/25:
Will is self-proving.
•    Will waives bond for personal representative; however, personal representative resides out of state. See PrC§8571. 
    o    Bond may be required.  Minimum bond would be $20,000.00.  Maximum bond would be $325,000.00. Bond matter will be submitted to the Judge for determination.

On 10/01/25, the petitioner made oral representations indicating there are no minors. The Court directed petitioner to supplement petition to clear the notes.  Supplement to petition is on file.
•    Need new Letters, Form DE-150, reflecting the correct attorney of record.  The Letters submitted 08/25/25 indicate the petitioner is self-represented.
Appearance by counsel required (Anyone appearing may do so either in person or remotely by telephone, using VCourt).
 

PR-24-000390 IN RE: JOSE AND AMALIA SANTIAGO REVOCABLE LIVING TRUST
Hearing on Interested Party, Amalia Santiago’s Motion for an Order re Reimbursement of Funeral Expenses and Unpaid Bills for Trustee Amalia Santiago: 
SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/…

ADD-ON
258593 ESTATE OF WILLIAM BERRY
Hearing on Ex Parte Petition for Order Amending Prior Order by Adding Legal Description continued from 11/18/25:
On 11/18/25, the court stated that no Probate Note would be prepared for this hearing.
Prior Notes: 
A proof of service of the petition was attached to the petition; a Declaration regarding notice not yet on file. See Local Rule 8.35 and California Rules of Court rules 3.1200 et seq.
Appearance by counsel required (by VCourt if preferred).

MONDAY, NOVEMBER 24, 2025
Department 22
No decedent’s estate or trust matters on calendar

TUESDAY, NOVEMBER 25, 2025

Department 21
8:30 a.m.

PR-25-000206 ESTATE OF WENDY A. WEBER, AKA WENDY ALICE WEBER, AKA WENDY WEBER
Hearing on Ex Parte Application and Petition for Preliminary Distribution:
Appearance by counsel required (by VCourt if preferred).
 

Department 22
No decedent’s estate or trust matters on calendar

WEDNESDAY, NOVEMBER 26, 2025
Department 22
No decedent’s estate or trust matters on calendar

THURSDAY, NOVEMBER 27, 2025
COURT HOLIDAY

FRIDAY, NOVEMBER 28, 2025
COURT HOLIDAY

MONDAY, DECEMBER 1, 2025
Department 22
No decedent’s estate or trust matters on calendar

TUESDAY, DECEMBER 2, 2025
Department 22
8:30 a.m.

PR-22-000205 ESTATE OF HAZEL MARIE SANDERS, AKA HAZEL M. SANDERS, HAZEL SANDERS
Account Review Hearing:
The last Status Report, filed on 03/26/25, informed the court that the estate was ready to be closed and asked for time for the personal representative to prepare an Account and Petition for Final Distribution. Not on file.
Need status.
Appearance by counsel required (by VCourt if preferred).

PR-23-000868 ESTATE OF MARY ELIZABETH ALLEY
(1)    Account Review Hearing:
Recommend court drop today’s Account Review Hearing.

(2)    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 continued from 10/09/25:
Nothing filed since last hearing. Prior notes remain:
• Report paragraph 5 (regarding Creditor’s Claims) does not appear sufficiently detailed pursuant to Local Rule 8.83 B.  There were two creditors’ claims filed. Were they paid?  A release of creditor’s claim is on file for Stanford Health Care. 
      o    Notice to remaining unpaid creditor (JP Morgan) also appears necessary.
• Paragraph 17 “statutory fees” appears to contain an error in the computation of statutory fees. Please see calculator tool available online at https://www.stanislaus.courts.ca.gov/divisions/probate/calculator-tools 
• Report reflects property on hand is cash.  This does not agree with the Final Inventory and Appraisal. Was the real property sold?  If so, gains/losses on sale were not included in the fee base calculation nor was a schedule attached.
• Itemization of costs of administration was omitted (see Local Rules 8.69, 8.83K).
• Order not yet submitted.
Appearance by counsel 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, 07/03/25:
Will is not self-proving per Local Rule 8.23.  Proof of Subscribing Witness on file.
Opposition filed – 09/05/25, by D. Ferreira. Opposition appears to be a will contest. Objector has not yet filed proof of service of Summons pursuant to PrC§8250. The court set the deadline of end of business 09/05/25 for both filing and service of the opposition. Submit to court’s determination whether the objection should be deemed waived purs. to CRC rule 7.801.

Hearing on Petition for Letters of Administration (filed by D. Ferreira) continued from 09/04/24, 09/19/24, 12/12/24, 07/03/25:
Objection filed – 09/05/25, by M. Bye.

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

PR-25-000350 ESTATE OF SHIRLEY A. BRIDGE
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 07/21/26 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-25-000369 ESTATE OF MARY LEE SPROUSE
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
A Petition for Final Distribution has been filed and set for hearing 02/03/26.
Hearing of 02/03/26 will be confirmed.
Appearance by counsel required (by VCourt if preferred).

PR-25-000372 ESTATE OF CECILIA BOBBIE LOZANO, AKA CECILIA BOBBIE MUNIAIN
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 07/21/26 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-25-000381 ESTATE OF PAUL AMOS ROBERTS
Inventory Review Hearing:
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.
•    Multiple filings have had the incorrect address for this court in the heading; this court is located at 801 10th Street, Modesto, CA. The clerk’s office is located on the fourth floor, and Department 22 is located on the sixth floor. The Notice of Hearing file-marked 11/17/25 for the hearing on 02/04/26 gave notice of the wrong building. 
•    The pleading filed on 11/13/25 was titled, in part, “petition for settlement on final account”. Is that pleading a First and Final Account? If so, it must be completely labeled as such. See Local Rule 8.83 L.
A Petition for Final Distribution has been filed and set for hearing 02/04/26.
Hearing of 02/04/26 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-25-000410 ESTATE OF LINDA MCMILLEN, AKA LINDA FAY MCMILLEN
Inventory Review Hearing:
Letters Issued 05/23/25.  Inventory and Appraisal due 09/23/25.
Inventory and Appraisal not on file at time of review.
Recommend continuance to 03/24/26 to allow time to file above pleading.
Appearance not required (by VCourt if preferred).

PR-25-000577 MATTER OF REBECCA BENNETT
3.  Order to Show Cause issued to petitioner’s counsel 07/08/25:
    To appear and show cause for failing to appear on 07/08/25.

2.  Order to Show Cause issued to petitioner 07/08/25:
    To appear and show cause for failing to appear on 07/08/25.

1.    Hearing on Petition for Return of Real Property Belonging to Decedent continued from 07/08/25:
Nothing filed since previous hearing. Prior Notes remain:
•    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. 

Objection filed – 07/07/25, by N. Bennett and K. Bennett.
Need status of meet-and-confer.

Appearance by petitioner and petitioner’s counsel mandatory, appearance by objector’s counsel required (by VCourt if preferred).

PR-21-000536 ESTATE OF JESUS PLANCARTE-BOCANEGRA AKA JESUS PLANCARTE BOCANEGRA  
Hearing on Petition for Authority of Administrator to Purchase Real Property of Estate:
Notice appears complete.
If no one appears to object, recommend approval of petition.
•    Need order including the terms and conditions pursuant to Probate Code section 9883(d).
Appearance not required (by VCourt if preferred).
 

PR-22-000806 ESTATE OF MICHAEL ANTHONY PERDUE
Hearing on Second PrC §12200 Status Report: 
Notice appears complete. 
Recommend court set a further Account Review Hearing 08/04/26.
Appearance not required (by VCourt if preferred).

PR-23-001303 ESTATE OF VELMA ELAINE ADAMS, AKA ELAINE ADAMS, ELAINE WEST ADAMS, ELAINE W. ADAMS
Hearing on First and Final Report of Administrator; Petition for Waiver of Accounting and Final Distribution; and for Compensation:
In future matters, please ensure the pleading title is specific as to whether compensation is sought for the personal representative or counsel or both.
• Waivers of Accounting not on file; Waivers must bear notary’s acknowledgement (Local Rule 8.69, PrC§10954).
• Report paragraph 7 does not appear to clearly state compliance with PrC§9050.See PrC§9053(d). Administrator made reasonable efforts and then what – were creditors notified or were there none ascertained?
• Attached to the pleading as Exhibit B are notarized Assignments of Interest. The original Assignments must be filed with the court, not attached to any other pleading (Local Rule 8.87, PrC§11604).
      o    The Assignments (Exhibit B) both reference the wrong Superior Court case number more than once.
• Proposed Order:
      o    Paragraph 2 on page 1 settles and allows the account; there has been no account as the administrator alleged an account was waived.
      o    Paragraph 6 (omnibus clause) is not sufficiently specific as it says “to be distributed as follows” but what follows is the specific distribution of each particular asset, some of which are 50% to each and some of which are 100% to one individual.
Recommend continuance to 01/16/26 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-24-000828 ESTATE OF FERMIN BECERRA GOMEZ
Hearing on Report of Administrator with Will Annexed on Waiver of Account and Petition for Allowance of Statutory Compensation to Administrator and Attorney for Ordinary Services, for Costs of Administration, Reserve for Closing Expenses and for Final Distribution: 
Recommend approval of petition.
Recommend Discharge Review Hearing 06/25/26 pursuant to Local Rule 8.92.
Recommend court vacate Account Review Hearing 02/04/26.
Appearance not required (by VCourt if preferred).

PR-25-001062 ESTATE OF JOYCE MENDOSA
Hearing on Spousal Property Petition:
If no one appears to object, Recommend approval of Petition.
Appearance not required (by VCourt if preferred).

PR-25-001065 ESTATE OF RITA F. BURROWS, AKA RITA F. REISINGER, RITA BURROWS
Hearing on Petition for Probate of Will and for Letters Testamentary:
• Petition (Form DE-111) item 9 reflects there were fourteen (14) pages attached to the petition, but there were only seven (7) pages attached.
• Form DE-147, Duties and Liabilities not on file.
• Form DE-121, Notice of Petition to Administer Estate not on file.
• Forms DE-140 and DE-150, Proposed Order and Letters, not submitted.
• Will waives bond for personal representative, however personal representative resides out of state. See PrC§8571. 
      o    Waivers of bond [Form DE-142/DE-111(A-3e)] not on file.  Bond may be required.
Appearance by petitioner (self-represented) required (by VCourt if preferred).

PR-25-001067 ESTATE OF BASIL BARRANT DAVIS, SR.
Hearing on Petition for Letters of Administration:
•    Proposed co-administrator, M. Belcher, is not a person with priority to serve as personal representative nor is she a nominee of a person with priority to serve; she thus appears to have the least priority to serve as a personal representative than any other person or entity described in Pr. Code §§ 8461, 8465. Recommend court require petitioner to mail notice to the Public Administrator.
•    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.
•    Forms DE-140 and DE-150, Proposed Order and Letters, not submitted.
Recommend continuance to 03/19/26 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-25-001076 ESTATE OF KIRK DAVID BAKER
Hearing on Amended (file marked 10/14/25) Petition for Letters of Administration:
•    Petition item 8 did not include the proposed personal representative (Local Rule 8.26 D).
•    Signature of attorney not dated.
•    Petitioner does not appear to have priority of appointment, but a nomination by the person with priority was attached to the petition (Probate Code sections 8461, 8465). Nominee appears to be a non-California resident.
•    Nomination omitted the relationship and address of the nominee to the decedent and consent to act.
•    Affidavit of publication not on file. See Local Rule 8.12.
Recommend court require petitioner to mail notice to the Public Administrator: 
Office of the Public Administrator, 921 Oakdale Rd, Modesto, CA 95355
Appearance by counsel required (by VCourt if preferred).