Probate Notes
Probate Notes
Questions regarding fees, forms or status of orders should be directed to the Probate Unit of The Superior Court of California, County of Stanislaus Clerk's Office at 209-530-3100 (option 6/option 4) between the hours of 8:15 a.m. - 3:00 p.m., Monday - Friday.
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.
Public Notices
POSTED SEPTEMBER 29, 2022, UPDATED 12/02/22
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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.
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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
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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
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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, SEPTEMBER 6, 2024
Department 22
8:30 a.m.
PR-19-000984 ESTATE OF JAIME MARTINEZ SORIA
Hearing on First and Final Account; Report of Administration; Allowance of Compensation to Attorney for Ordinary Services; Allowance of Compensation to Administrator for Ordinary Services; Request for Reimbursement to Petitioner; and Petition for Final Distribution continued from 07/23/24:
Defects cured.
Recommend approval of petition.
Recommend Discharge Review hearing 03/20/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-21-001460 ESTATE OF THOMAS F. ROSS, AKA THOMAS FULTON ROSS, THOMAS ROSS
(1) Hearing on Petition for Final Distribution; for Order on First Account; for Approval of Statutory Personal Representative’s Fees; for Approval of Statutory Attorneys’ Fees; for Approval of Costs; for Extraordinary Fees continued from 04/11/24, 04/25/24, 07/12/24:
Prior notes cured.
Request for extraordinary compensation submitted to court for determination.
(2) Hearing on Ex Parte Petition to Withdraw Funds from Blocked Account (file marked 07/11/24) set by court:
Counsel to submit a new Form MC-358 Order Authorizing Withdrawal from Blocked Account.
Recommend approval of petition.
Court will approve request for extraordinary compensation in the reduced amount of $12,200.00.
Recommend Discharge Review Hearing 03/20/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-22-000319 ESTATE OF FABIAN PARA DEL RIO
Hearing on First and Final Report of Administrator and Petition for Final Distribution on Waivers of Account, Request for Statutory Compensation, Request for Reimbursements and Order of Final Distribution continued from 07/11/24:
Prior Notes have been cured.
Recommend approval of the petition.
Recommend Discharge Review Hearing 03/20/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-22-000576 ESTATE OF JACK D. BARNES
(1) Hearing on Order to Show Cause for Failure to Appear and Failure to Cure Defects:
(2) Hearing on First and Final Account/Waiver of Account, Report of the Administrator, Allowance of Statutory Fees to Personal Representative and for Final Distribution continued from 08/08/24:
Defects have been cured. Prior Notes remain:
• It appears that the Administrator prematurely distributed estate assets without the court’s prior authorization. Examiner notes Declaration (file marked 09/03/24) explains the prior disbursement as an oversight and misunderstanding.
• The court granted a Fee Waiver at the onset of the case. There appears to be sufficient assets on hand for payment of court fees.
o Executor to make arrangements to pay previously waived court fees from estate funds.
- This may result in modification of the Property on Hand for Distribution and the proposed distribution to heirs.
- This would require a new proposed order identifying the new totals for distribution to beneficiaries minus payment to the court for previously waived fees. Examiner suggests that petitioner submit a new Proposed Order after the determination is made by the court.
Recommend Court discharge Order to Show Cause if administrator appears to explain why she failed to appear at last hearing.
Recommend Discharge Review hearing 03/20/25 pursuant to Local Rule 8.92.
Appearance by Administrator (self-represented) at 09/06/24 hearing is required (by VCourt if preferred).
PR-24-000018 ESTATE OF ALBERT MENDONCA
Hearing on Amended Petition (file-marked 03/26/24) for Probate of Will and for Letters Testamentary continued from 02/21/24, 04/25/24, 07/12/24:
Recommend approval of petition and admission of Will to probate.
Recommend Inventory Review Hearing 03/06/25 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).
PR-24-000357 ESTATE OF LARRY D. EMENS, SR.
Hearing on Petition for Probate continued from 05/16/24, 07/26/24:
• Heading of Petition (Form DE-111) page 1 includes checkmarks in boxes for both “Petition for Probate of Will and for Letters of Administration with Will Annexed” and “Petition for Letters of Administration”. The body of the petition appears to reflect that the decedent died intestate (without a will).
• Form DE-121 Notice of Petition to Administer Estate file-marked 05/16/24 is defective:
o Server’s signature on page 2 is dated before the date of mailing reflected in item 4a on page 2.
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
Recommend court direct the petitioner to effect new mailed notice (Form DE-121) to cure the above defect.
Recommend continuance to 09/06/24 to allow time for filing of above pleading.
Appearance not required (by VCourt if preferred).
PR-24-000411 JOHN ARNOLD, III 2012 REVOCABLE LIVING TRUST
Hearing on Petition for Conveyance or Transfer of Property Claimed to Belong to Trust continued from 07/11/24:
• Notice of Hearing, file marked 07/18/24, omitted the attached service list.
• Proposed Order:
o Did not include court finding that the petition’s allegations are true.
o The court will not make the order item #2 on page 2.
Recommend continuance to 11/08/24 to allow time to cure defects, perfect notice.
Appearance not required (by VCourt if preferred).
PR-24-000499 ESTATE OF GERALDINE GLORIA ZURBUCHEN, AKA GERALDINE G. ZURBUCHEN
Hearing on Petition for Probate of Lost Will and for Letters Testamentary continued from 07/23/24:
Declarations regarding PrC§6124 presumption (lost will) on file.
Prior Notes have been cured.
• Proposed personal representative resides out of state. See PrC§8571. Will waived bond. Waivers of bond on file from the Trust beneficiaries. Bond may be required. Submitted to Judge for determination.
Appearance by counsel required (by VCourt if preferred). Please be prepared to inform the court if there exist any known California creditors or liabilities of the estate.
MONDAY, SEPTEMBER 9, 2024
No decedent's estates or trust matters on calendar.
TUESDAY, SEPTEMBER 10, 2024
Department 22
8:30 a.m.
PR-21-001327 ESTATE OF ANECIA LEARY
Account Review Hearing continued from 07/19/23, 01/17/24, 05/22/24:
A PrC§12200 Status Report has been filed and set for hearing on 10/15/24.
Hearing of 10/15/24 will be confirmed.
Appearance not required (by VCourt if preferred).
PR-22-000181 ESTATE OF WILLIAM JOSEPH HARTLETT
Hearing on Spousal Property Petition continued pursuant to court’s ruling issued 04/05/24:
Court issued its ruling on the Spousal Property Petition on 08/30/24. This hearing will be removed from calendar.
Hearing on Amended (filed-marked 12/08/23) First and Final Account and Report of Administrator, Petition for Order: 1.Settling Account and Approving Report of Administrator; 2. Determination of a Testamentary Trust Creation and its Terms; 3. Allowing Statutory Administrator’s and Attorney’s Compensation and Reimbursement of Costs; and 4. For Final Distribution continued from 04/05/23, 06/28/23, 09/19/23, 11/09/23, 03/14/24, 05/15/24:
• Notice of Hearing not on file for Administrator’s former attorney [CRC rule 7.704(b)].
o A copy of a Waiver of Notice is attached as an exhibit to the Supplement file-marked 03/13/24, but the Waiver of Notice itself is not on file with the court. See CRC rule 7.704(b).
Objection filed – 03/11/24.
Appearance by parties and their counsel required (by VCourt if preferred).
PR-22-001197 ESTATE OF PATRICIA CAINGLIT
Account Review Hearing:
The court set a further Account Review Hearing on 01/29/25.
This hearing will vacate.
No appearances.
PR-22-001206 ESTATE OF DEBRAH BRITT
Account Review Hearing:
See Local Rule 8.82 and also Probate Code sections 12200, and 9000 through 9399. Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
Appearance by Administrator (self-represented) required (by VCourt if preferred).
PR-22-001318 ESTATE OF THERESA LERMA, AKA THERESA C. LERMA, THERESA CORENDA LERMA
Account Review Hearing continued from 05/21/24:
A Petition for Final Distribution has been filed and set for hearing 12/05/24.
Hearing of 12/05/24 will be confirmed.
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, 05/21/24:
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 party DAKOTA E.
Appearance by counsel required (by VCourt if preferred).
PR-23-000592 ESTATE OF COLLEEN M. BERGAMASCHI
Account Review Hearing:
Final Inventory and Appraisal on file. Date of decedent’s death does not conform to the Order for Probate. A Corrected Inventory and Appraisal is required as this is the date used for appraising assets of the estate.
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 01/14/25 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-23-001242 ESTATE OF MARIA S. AVELAR
Inventory Review Hearing:
Two identical Final Inventory and Appraisal forms are on file.
A Petition for Final Distribution has been filed and set for hearing 12/18/24.
Hearing of 12/18/24 will be confirmed.
Appearance not required (by VCourt if preferred).
PR-24-000169 ESTATE OF EMMA AGNEW
Letters of special administration expire today unless extended.
Hearing on Petition for Letters of Administration continued from 03/28/24, 05/22/24:
Prior Notes remain:
• Petitioner provided a Family Tree but has not alleged the dates of death for the decedent’s deceased heirs. Petitioner must provide the court with the deceased heirs’ dates of death. See Local Rule 8.26 and the language found in item 8 on page 3 of the Petition (Form DE-111).
• Declaration file-marked 05/17/24 sought continuance to allow time for publication of notice. Affidavit of publication not on file.
• Declaration file-marked 05/17/24 alleges that notice of petition was filed “herein”. Form DE-121 Notice of Petition to Administer Estate not on file.
• Please submit new proposed Order and Letters with counsel’s information in the header now that counsel has substituted on.
On 05/22/24 the court ordered petitioner to complete notice prior to this hearing.
Appearance by counsel required (by VCourt if preferred).
PR-21-001117 ESTATE OF JOY PATRICIA JOHNSTON-MADISON
Hearing on Second PrC§12200 Status Report of Administration:
Notice appears complete.
Recommend court allow estate to remain open, and vacate and reset the Account Review Hearing of 10/08/24 to 10/07/25, at which time a Third Status Report must be filed if the estate is not in a position to be closed.
Appearance not required (by VCourt if preferred).
PR-22-000840 ESTATE OF VICTORIA RASHO
Hearing on Motion to Substitute Attorneys:
SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/…
PR-23-000400 ESTATE OF MARY MAGDELINE STRANGIO
Hearing on First and Final Report of Administrator on Waiver of Accounting and Petition for its Settlement, for Allowance of Compensation of Ordinary Services and Costs, and for Final Distribution:
Recommend approval.
Recommend Discharge Review Hearing 03/20/25 pursuant to Local Rule 8.92.
Recommend court vacate 09/18/24 Account Review Hearing.
Appearance not required (by VCourt if preferred).
PR-23-000821 ESTATE OF DEBRA JEAN PLISCHKE, AKA DEBRA J. PLISCHKE
Hearing on First and Final Report of Co-Administrators on Waiver of Account and Petition for Allowance of Compensation to Attorney for Ordinary and Extraordinary Services, Compensation to Co-Administrators for Ordinary Services and for Final Distribution:
Note has been cured.
The court will approve the Report and Petition, with the modification that extraordinary compensation will be approved in the reduced amount of $1,560.00.
The court will vacate the Account Review Hearing of 10/09/24
Counsel to prepare new Order.
The court will set a Discharge Review Hearing 03/20/25.
Appearance not required (by VCourt if preferred).
PR-24-000793 ESTATE OF PATRICIA MARLENE REED
Hearing on Petition for Probate of Will and for Letters of Administration with Will Annexed:
Defects in the petition (Form DE-111):
• Item 1 did not identify the newspaper where notice is to be published pursuant to Probate Code section 8120 et seq.
• Item 3f(2) (date of decedent’s will) does not agree with the will.
• Item 4 was left blank [allegation that the will does not preclude administration of this estate under the Independent Administration of Estates Act (IAEA)].
• Item 5a(3) or (4) was left blank (existence of registered domestic partner).
• Item 5a(7) or (8) was left blank (existence of issue of a predeceased child).
• Item 8 must include all those named in the Will, even if they are not named as beneficiaries, and if they are deceased so state with date of death.
• A copy of the decedent’s will was not attached as Exhibit 3f(2). See item 3(2).
Defects in the file:
• Will is not self-proving per Local Rule 8.23. Proof of Subscribing Witness (Form DE-131) not on file.
• Waivers of bond (Form DE-142) not on file for all beneficiaries - those named in the will as inheriting cash only (also known as a “general pecuniary devise”). Bond may be required. Minimum bond would be $20,000.00 pursuant to Local Rule 8.33.
• Affidavit of publication not on file. See Local Rule 8.12.
• Form DE-121 Notice of Petition to Administer Estate file-marked 08/16/24 does not reflect that notice was mailed to all of beneficiaries of decedent’s will: Helen P., Alice. H.
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
Appearance by petitioner (self-represented) required (by VCourt if preferred).
PR-24-000795 ESTATE OF DAVID MICHAEL SINJEM
Hearing on Petition for Letters of Administration:
Defects in the petition (Form DE-111):
• Item 5a(3) or (4) was left blank (existence of registered domestic partner).
Defects in the file:
• Affidavit of publication not on file. See Local Rule 8.12.
• Form DE-140, proposed Order, not yet submitted.
Waivers of bond on file from intestate heirs, however personal representative resides out of state. See PrC§8571. Bond may be required at the court’s discretion. Submitted to court for determination.
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
Appearance by petitioner (self-represented) required (by VCourt if preferred).
PR-24-000796 ESTATE OF PATRICIA ANN ROBBINS, AKA PATRICIA ROBBINS
Hearing on Petition for Probate of Will and for Letters Testamentary:
Recommend approval of petition and admission of Will to probate.
• Need Letters.
Recommend Inventory Review Hearing 03/11/25 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).
PR-24-000798 ESTATE OF MELVA JEAN JORDAN
Hearing on Petition for Letters of Administration:
Bond waivers on file for all intestate heirs.
Recommend approval.
Recommend Inventory Review Hearing 03/12/25 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).
PR-24-000809 ESTATE OF MARIA SWANSON, AKA MARIA A. SWANSON, MARIA ANGELINA SWANSON
Hearing on Petition for Probate of Will and for Letters Testamentary:
Recommend approval of petition and admission of will to probate.
Recommend Inventory Review Hearing 03/11/2025 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).
PR-24-000823 NUNES 2019 TRUST DTD FEBRUARY 4, 2019
Hearing on Petition for an Order to Confirm Validity of Trust; Confirm Trustee; and Confirm Assets to Trust:
Notes have been cured.
Recommend approval of petition.
Appearance not required (by VCourt if preferred).
WEDNESDAY, SEPTEMBER 11, 2024
Department 22
8:30 a.m.
PR-21-001189 ESTATE OF NANCY SHAILOR
Hearing on Petition for Final Distribution, Settlement of Estate, Allowance of Attorneys Fees, Costs, and Waiver of Account continued from 06/12/24:
Nothing filed since previous hearing. Prior Notes remain:
• Petition and proposed Order both misstate the date Letters were issued.
• Part of petition paragraph 3 does not appear correct, as there was a Notice of Proposed Action filed in this matter.
• Petition paragraph 6 omits statement re: whether or not notice to creditors was given per PrC§§10900(b)(1), 9050.
• There were three Creditor’s Claims filed in this matter which paragraph 3 alleges were paid but for which there have been neither a notice of withdrawal filed by the creditor nor a Form DE-174, Allowance or Rejection, filed in this matter. See California Rules of Court rule 7.401. (Capital One, AT&T, Silvia Sosa.)
o Notice of Hearing not on file for above three claimants (Probate Code §§ 48, 9250, 11640, 11429; CRC 7.401).
• Paragraph 18 of the Petition alleges that the personal representative made an unauthorized distribution to himself of all of the estate funds save for approximately $20,000.00. Please file a verified pleading with the court specifying the exact amount(s) of the unauthorized distribution(s).
• Paragraph 20 of the Petition does not address apportionment/division of attorney’s compensation following substitution of counsel PrC § 10814, CRC 7.704(a).
• Waiver of Account not on file as alleged in the pleading.
• Verification omitted.
• Counsel’s signature omitted.
• Exhibit A not attached (copy of final seller’s statement).
• Notice of Hearing not on file (PrC §§ 10830, 11000, 11601). See also California Rules of Court rule 7.704(b) regarding notice on former counsel.
• Proposed Order must state the property on hand for distribution as well as the specific distribution ordered.
• Proposed Order omitted omnibus clause for property not now known.
• Proposed Order referred to decedent’s will when decedent was alleged to have died intestate.
Appearance by counsel required (by VCourt if preferred).
PR-22-000274 LEOPOLD T. PRESCOTT LIVING TRUST
Order to Show Cause issued to counsel Bonte Esq to appear and show cause for failing to appear at the mandatory Case Management Conference of 06/17/24.
Review Hearing:
Appearance by counsel mandatory (by VCourt if preferred).
PR-22-000296 ESTATE OF NIRAJ AMIT SINGH
(1) Order to Show Cause issued 06/18/24 to Kritaj Singh for failure to appear:
(2) Account Review Hearing continued from 06/18/24:
Nothing filed since last hearing. Prior notes remain:
Neither Petition for Final Distribution nor PrC§12200 Status Report are on file at time of review.
• Need status of Estate. See Local Rule 8.82.
Appearance mandatory (by VCourt if preferred).
PR-23-001020 IN THE MATTER OF DOROTHY PURYEAR
Hearing on Petition to Compel Return of Property Wrongfully Taken; and for Damages pursuant to Probate Code sections §§850, 859 continued from 12/13/23, 03/20/24, 06/18/24:
Response filed – 12/06/23 by Nathan Adams. (This respondent has been dismissed)
Objection filed - 12/28/23 by Constalina, Inc.
Objection filed - 07/15/24 by Dog Money The Brand LLC.
Need status of meet-and-confer.
Possible long cause.
Appearance required (by VCourt if preferred).
PR-23-001268 IN THE MATTER OF JOE R. FERNANDES AND NELLIE E. FERNANDES FAMILY TRUST
Hearing on Petition to Remove Trustee (PrC § 17200(b)(10)), Compel a Trust Accounting (PrC § 17200(b)(5),(7), (C)), Compel an Accounting by Attorney In Fact (PrC §§ 4541 and 4545), Determine Trust Beneficiaries by Construction of Trust Provision(PrC § 17200(b)(1)(3)(4)), Determine Liability for Financial Elder Abuse (W&I § 15610.30), and for Award of Attorneys’ Fees and Costs continued from 02/22/24, 05/23/24:
Objection filed 04/12/24.
Possible long cause matter.
On 05/23/24 the court ordered co-Trustee/Objector to file accountings for both the Trust and as power-of-attorney no later than 08/02/24. Not on file.
On 05/23/24 the court requested one or both sides file a Status Report regarding meet-and-confer efforts. Status report filed 09/10/24.
Appearance required (VCourt if preferred).
PR-24-000047 A & T 2005 REVOCABLE TRUST
Related Decedent’s Estate matter PR-24-000104.
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:
Objection filed – 03/26/24.
Possible long cause matter.
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:
Answer filed – 05/17/24.
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
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:
Nothing filed since previous hearing. Prior Notes remain:
• Petition item 8 must include date of death for those identified that are deceased.
o Declaration filed on 5/20/24 from Probate Assistant is insufficient for anything other than a declaration of typographical error. Need Supplement or Amendment to Petition signed by attorney and petitioner. Please see CRC 7.3 7.53
• Publication appears defective. Publication appears to list two people as deceased, the word “and” is used instead “aka”. Petition does not list aka for decedent. See Local Rule 8.12.
Objection filed 02/28/24 - by Tina Marie Silva.
Possible long cause hearing.
Appearances required (by VCourt if preferred).
PR-24-000128 ESTATE OF CHARLES QUINTON HEMINGWAY
Hearing on Amended Petition (file-marked 05/16/24) for Probate of Lost Will and for Letters Testamentary continued from 06/12/24:
No objection on file for Amended Petition.
Will is not self-proving pursuant to PrC §6240 and Local Rule 8.23D.
• Proof of Subscribing Witness not on file at time of review.
• Need new Letters.
• Need new Order.
Recommend continuance to 12/03/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-24-000337 ABEL RIVAS GONZALEZ LIVING TRUST DATED AUGUST 15, 2023
Hearing on Amended Petition (file-marked 08/01/24) for Determination of Validity of Trust; Determination to Whom Property Shall Pass; Settling the Accounts and the Acts of the Trustee; Instructing the Trustee continued from 06/12/24:
• Exhibits were not attached: Exhibit 1 (death certificate), Exhibit 2 (correspondence), Exhibit 3 (Trust).
• Petition does not identify the Trustee; petition alleged who the Trust named as Trustee. Is that person the current acting Trustee?
• Is Marie Valdivia aka Maria Valvivia a person entitled to notice of this proceeding? Her address is not included at the bottom of page 2, nor was she included in the Notice of Hearing file-marked 08/01/24 as having been given notice of this proceeding.
• Notice of Hearing file-marked 08/01/24 appears defective: Item 1 on page 1 (identification of pleading) was not the complete caption of this pleading.
• Proposed Order not yet submitted.
The Amended Petition appears to seek a court finding that this county is the appropriate venue due to convenience and hardship. This issue will be submitted to the court for determination once other defects are cured.
Recommend continuance to 11/21/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-24-000475 ESTATE OF RAUL ARRIAGA ZAMORA, AKA RAUL ZAMORA SR., RAUL ZAMORA, RAUL A. ZAMORA
Hearing on Petition for Probate of Will and for Letters of Administration with Will Annexed continued from 07/02/24:
Notes have been cured.
Request for minimum $20,000.00 bond and limited IAEA authority appears adequate, as petition described all assets as real property.
Recommend approval of petition and admission of will to probate.
Recommend Inventory Review Hearing 03/11/25 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).
PR-24-000477 ESTATE OF BONNIE LOU KEENER, AKA BONNIE KEENER
Hearing on Amended Petition (file-marked 05/07/24) for Letters of Administration continued from 07/02/24:
Update to prior Note:
• Two of the heirs are minors: Jordyn K. and Dylann K. Proof of mailed notice (Form DE-121) not on file for the two heirs and the person(s) having legal custody of them. See California Rules of Court rule 7.51(d).
o Petition item 8 did not identify the person(s) having legal custody of the minor heirs.
o Notice of hearing on the minors may not be waived by a proposed Guardian ad litem as that person lacks the authority to do so.
o Guardian ad litem may be required. A petition for appointment is not pending.
• A copy of a Waiver of notice signed by Kassi J. was attached to the 09/09/24 Supplement; the original must be filed.
Prior Notes remain:
• Form DE-150, Proposed Letters, not submitted.
Recommend continuance to 11/22/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-22-000684 FREDDIE JOE NORTHCUTT, AKA FRED J. NORTHCUTT
Hearing on First and Final Report of Executor and Petition for its Settlement, for Allowance of Statutory Compensation to Executor and Attorney, and for Final Distribution:
Recommend approval.
Recommend Discharge Review Hearing 03/20/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-22-001214 ESTATE OF ARCELIA MADRID VAZQUEZ, AKA ARCELIA MADRID, ARCELIA M. VAZQUEZ
Hearing on PrC§12200 Status Report of Administration:
• Notice of Hearing not on file at time of review. Need Proof of mailing of notice of hearing. (see PrC§12201).
• Status Report recites a copy of the Final Real Estate Closing Statement is attached. Exhibit A has been omitted from the report and is not attached.
Recommend court order personal representative to perfect notice pursuant to PrC§12201 before the next hearing or surcharge may be imposed.
Recommend continuance to 12/11/24 to allow time to perfect notice.
Recommend court vacate 09/12/24 Account Review Hearing.
Appearance not required (by VCourt if preferred).
PR-23-001098 ESTATE OF JUANITA JENNIE CARDONA, AKA JUANITA J. CARDONA, JUANITA CARDONA
Hearing on First and Final Report of Administrator on Waiver of Account and Petition for Allowance of Compensation to Attorneys for Ordinary Services, and for Final Distribution:
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 03/20/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-24-000658 CARROLL G AND NORMA JEAN GRIGGSBY FAMILY TRUST, DATED JULY 9, 1997
Hearing on Petition for an Order to Confirm Validity of Trust; Appoint Trustee and Confirm assets to Trust Probate Code §§850, 15200, 17200:
Recommend approval of petition.
Appearance not required (by VCourt if preferred).
PR-24-000801 ESTATE OF SCOTT ALLAN PIKE, AKA SCOTT PIKE
Hearing on Petition for Probate of Will and for Letters Testamentary:
Will is not self-proving. Proofs of subscribing witness (Forms DE-131) on file.
Recommend approval of petition and admission of will to probate.
Recommend Inventory Review Hearing 03/11/2025 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).
PR-24-000818 ESTATE OF TINA ELAINE VIEIRA
Hearing on Petition to Determine Succession to Real Property:
Recommend approval of petition.
Appearance not required (by VCourt if preferred).
PR-24-000820 ESTATE OF INEZ MUNOZ MAHON
Hearing on Petition for Probate of Will and for Letters Testamentary:
Attached to the original will that was lodged with the court, a copy of which is attached to the petition file-marked 07/29/24, is a two-page document titled “PERSONAL PROPERTY” which does not appear to be part of the decedent’s will. Handwriting at the top reads “Trust distribution upon my death, see section 3.5 Inez M. Mahon March 12, 2015”. The document appears to possibly be an amendment to the Trust.
Recommend court order the last two pages attached to the original will of Inez Munoz Mahon lodged with the court on 07/29/24 be released to Eric Carpenter Mahon.
Recommend approval of petition and admission of will (see note above regarding pages that do not constitute part of decedent’s will) to probate.
Recommend Inventory Review Hearing 03/11/2025 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).
PR-24-000825 ESTATE OF DORIS COETTA BELL, AKA DORIS COETTA RAMBO
Review Hearing following transfer of decedent’s estate matter from Superior Court of California, County of Sacramento:
Recommend court accept transferred matter and set a Review Hearing 10/22/24 to allow time for court to examine file and determine posture of case.
1. Petition for Letters of Administration filed 03/16/23 by S. Fermon:
No defects in this pleading.
Objection – filed 08/04/23. Response to Objection – filed 09/20/23. Reply to Response – filed 10/05/23.
2. Amended Petition for Probate of Will and for Letters Testamentary filed 03/29/24 by Y. Bell:
No defects in this pleading.
Will is not self-proving. Proofs of subscribing witness (Forms DE-131) on file.
There has been no objection to this petition nor formal will contest filed, however, the Response to Objection filed 09/20/23 by the competing petitioner attacks the validity of the will as to testator’s testamentary capacity at the time of its execution and the Reply to the Response file-marked 10/05/23 responds.
No appearances required on 09/11/24. Anyone who chooses to appear at this hearing may do so either in person or remotely, by telephone, using VCourt.
PR-24-000826 ESTATE OF MARY LOUISE GREGG HANEY
Hearing on Petition for Letters of Administration:
• Petition has the following defects to be addressed:
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 8 omitted the name and date of death of decedent’s predeceased spouse.
o Item 8 omitted the relationship to the decedent.
o Item 8 did not identify the person listed as the proposed personal representative.
• 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.
• Form DE-140, Proposed Order, not submitted.
• Form DE-150, Letters, not submitted.
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
Appearance by petitioner (self-represented) required (by VCourt if preferred).
THURSDAY, SEPTEMBER 12, 2024
Department 22
8:30 a.m.
385598 MATTER OF MISTY MAREZ SPECIAL NEEDS TRUST
Account Review Hearing:
Sixth Account and Report of Trustee not on file.
Substitution of Counsel not on file following passing of Trustee’s former attorney.
Recommend continuance to 01/08/25 to allow time for filing of above pleadings.
Appearance not required (by VCourt if preferred).
404060 ESTATE OF HAROLD HENRY SIMIDIAN
Account Review Hearing continued from 06/27/24:
• Neither Petition for Final Distribution nor PrC§12200 Status Report are on file at the time of review. See Local Rule 8.82.
• Need status of estate.
Appearance by counsel required (by VCourt if preferred).
445274 ESTATE OF ARVIL WAYNE GILBERT, AKA WAYNE GILBERT, ARVIL GILBERT, ARVIL W. GILBERT
Discharge Review Hearing continued from 09/08/20, 11/03/20, 02/24/21, 03/24/21, 03/24/22, 07/26/22, 10/05/22, 01/25/23, 07/26/23, 11/16/23, 03/13/24:
Status Report was not verified by the personal representative. An attorney cannot verify a pleading for a fiduciary. Please see CRC rule 7.103(c).
03/13/24 court ordered Status Report verified by the personal representative be filed within twenty days of this hearing date if the case remains open.
Need status of estate. Report not on file.
Appearance by counsel required (by VCourt if preferred).
PR-22-000458 ESTATE OF REDA FAYE RODGERS
Hearing on First and Final Account, Petition for Final Distribution, Allowance of Statutory Executor’s Fees, Allowance of Statutory and Extraordinary Attorney’s Fees, Reimbursement of Costs and Request for Reserve continued from 06/12/24:
Recommend approval.
Recommend Account Review Hearing 03/20/25 on retained funds pursuant to Local Rules 8.68, 8.92.
Appearance not required (by VCourt if preferred).
PR-22-001214 ESTATE OF ARCELIA MADRID VAZQUEZ, AKA ARCELIA MADRID, ARCELIA M. VAZQUEZ
Account Review Hearing:
This hearing will be vacated.
Appearance not required (by VCourt if preferred).
PR-23-000640 ESTATE OF MARIA DE REFUGIO JAUREGUI
(1) Order to Show Cause issued 07/03/24 to Thomas Bonte Esq.:
To appear and show cause for failing to appear at 07/09/24 hearing and failing to file Inventory and Appraisal as directed.
(2) Inventory Review Hearing continued from 03/05/24 and reset from 05/14/24 and continued from 07/09/24:
Letters issued 09/21/23. Inventory and Appraisal due 01/22/24.
• Final Inventory and Appraisal not on file at time of review. See Local Rule 8.41 B.
• Need report of status of inventory.
Appearance by counsel required (by VCourt if preferred).
PR-23-000886 ESTATE OF JESSICA B. PINEDA
Hearing on Petition for Final Distribution of Estate; First and Final Account and Report of Administrator; Petition for Allowance of Attorney Statutory Fees and Costs continued from 07/03/24:
• Notice of Hearing not on file at time of review.
• Need Proposed Order.
• Copies of Letters of Guardianship of the Estate omitted.
Recommend continuance to 12/18/24 to allow time to cure defects.
Recommend court vacate 10/03/24 Account Review Hearing.
Appearance not required (by VCourt if preferred).
PR-23-001095 ESTATE OF ROSA LINDA FELICIANO
Inventory Review Hearing:
Letters issued 03/14/24. Inventory and Appraisal due 07/15/24.
Final Inventory and Appraisal not on file.
Recommend Account Review Hearing 04/15/25 when PrC§12200 Status Report will be due, if Petition for Final Distribution is not on file.
Inventory and Appraisal must be filed before next hearing.
See Local Rules 8.82 and 8.41 B.
Appearance not required (by VCourt if preferred).
PR-24-000496 ESTATE OF LENA FRANCES RAMIREZ, AKA LENA F. RAMIREZ
Hearing on Amended Petition for Probate of Will and for Letters Testamentary (file marked 08/06/24) continued from 07/10/24:
• Republication is necessary pursuant to CRC 7.53(a) as an Amended Petition was filed.
• A new Notice of Petition to Administer Estate is necessary pursuant to CRC 7.53(a) as an Amended Petition was filed after the date notice was originally given.
Recommend continuance to 12/12/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-24-000632 ESTATE OF CRISANTA DIAZ ORDAZ, AKA CRISANTA DIAZ
Hearing on Petition for Letters of Administration continued from 08/13/24:
Recommend approval of petition.
Recommend Inventory Review Hearing 03/13/25 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).
PR-22-000639 ESTATE OF LES RAY LOESER, JR.
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:
• There appears to have been a small miscalculation in the subtotal of administrative costs line 7 on page 7 as the Examiner’s review reflects a subtotal of $1,799.80, not $1,801.65. This issue may have also impacted the proposed reimbursement of counsel, the property on hand for distribution, and the proposed distributions.
• There is no Schedule of Receipts as there were no receipts included in the Summary of Account. Examiner understands that there are alleged to have been no liquid funds in the estate until on or about February 2024, but was there no interest accrued in the Estate account in either March or April of 2024?
• Schedule D (“Disbursements”):
o Did not include bond premiums. How have bond premiums been paid?
o Total Real Estate Expenses Paid in Escrow appears to contain a small mathematical error as the Examiner’s review reflects a subtotal of $149,127.46, not $149,136.46. Close examination of the Final Seller’s Statement attached as Exhibit A shows that the error may be that digits were transposed in the title charge of $698.00 for “settlement or closing fee” to the title company.
X The account ought not to have balanced due to this issue. Please verify the amount of cash on hand in the estate account at the end of the account period as described in Schedule H.
Request for extraordinary compensation will be submitted to court’s determination once other notes are cured.
Recommend continuance to 10/01/24, to coincide with Account Review Hearing already set, to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-22-001095 ESTATE OF JUDY BARNETT
Hearing on Petition for Final Distribution; for Settlement of Estate on Waiver of Accounting; for Approval of Statutory Personal Representative’s Fees; for Approval of Statutory Attorneys’ Fees; for Approval of Costs:
Please be aware in future Notes that paragraph 6 the Report does not appear sufficiently detailed pursuant to PrC§9202(b) (knowledge of personal representative or estate attorney).
• Paragraph 11 (Inventory and Appraisal):
o Alleges an appraisal value that does not agree with the I&A filed on 04/05/24.
o The first line of paragraph 11 appears to mischaracterize the 04/05/24 I&A as “a Final” I&A. The discrepancy may reside in the title of the 04/05/24 pleading, and not the Petition. The I&A file-marked 04/05/24 (real property) was labeled a Corrected Supplemental I&A, which means that it corrected the prior Supplemental I&A. The only Supplemental I&A was filed 12/15/23 (checking account and vehicles). Please address.
o The second sentence of paragraph 11 mischaracterizes the 09/12/23 as a “Partial Inventory and Appraisal”. The I&A file-marked 09/12/23 (real property) was labeled a Final I&A.
• Paragraph 19 (calculation of statutory compensation): Fee base does not agree with paragraph 11 (total of all appraisals), resulting in miscalculation of statutory compensation. This issue may have also impacted the property on hand for distribution and the proposed distributions.
• Paragraph 21 (description of assets on hand) omitted legal description and assessor’s parcel number of real property as required by CRC 7.651(b)(3).
• Property Tax Certificate [Probate Code 8800(d)] may be necessary as Form DE-160, Corrected Supplemental Inventory and Appraisal, file-marked 04/05/24 omitted item 5 (re: change of ownership statement).
• Notice of Proposed Action must be filed, with affidavit of mailing attached, per Local Rules 8.83 N and 8.100.
• Proposed Order:
o First line on page 1 appears to reflect that the Order is addressed to the court.
o Omits the legal description and assessor’s parcel number of the real property.
o Paragraph 13 misstates the appraisal value per the I&A’s. See notes above regarding this issue.
o Please restate the omnibus clause such that the division of future assets is clear, as the Order sets forth a particular distribution that, while appearing equitable and appropriate, is not strictly 50/50.
Recommend continuance to 12/04/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-24-000630 WENDY SHARON TATRO REVOCABLE TRUST
Transfer Review Hearing:
Matter was transferred by Superior Court of California, County of Santa Clara.
Recommend court accept transfer.
Recommend court confirm the 12/04/24 accounting hearing.
Appearance not required (by VCourt if preferred).
PR-24-000828 ESTATE OF FERMIN BECERRA GOMEZ
Hearing on Petition for Probate of Will and for Letters Testamentary:
• Petition item 8 included second generation heirs but not the deceased ancestor through which they take (please see Local Rule 8.26 E).
• Form DE-135, Proof of Holographic Instrument, file-marked 07/31/24 does not appear adequate pursuant to PrC§8222: Item 3b describes declarant’s personal knowledge of the existence of the will but not his prior experience with a document (other than the will) written in decedent’s handwriting.
• The will did not name an executor. Please either provide points and authorities for a petition for appointment of an executor not named by decedent in his will, or file pleadings (see California Rules of Court rule 7.3 and 7.53) to amend petition to seek Letters of Administration with Will Annexed. See PrC§8440.
Recommend continuance to 12/04/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-24-000831 ESTATE OF EUTIGUIO ORTEGA DEANDA, AKA E. O. DEANDA
Hearing on Petition for Letters of Administration:
Recommend approval of petition.
Need proposed Letters.
Recommend Inventory Review Hearing 03/12/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).
PR-24-000836 ESTATE OF KWEI-CEE CHU
Hearing on Petition for Letters of Administration:
Recommend Inventory Review Hearing 03/13/25 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).
FRIDAY, SEPTEMBER 13, 2024
Department 22
8:30 a.m.
444318 MATTER OF ISAAC ORTIZ SPECIAL NEEDS TRUST
Hearing on Petition for Settlement of Eight (Petitioner’s Third) Account, and Approval of Trustee, Trust Advisory Committee and Attorney Fees continued from 05/07/24, 08/01/24:
On 08/01/24, the court deemed notice pursuant to 17200(a)(5) applies and notice to be perfected as required by statute.
Nothing filed since last hearing. Prior notes remain:
• Item 5 on page 2 of the Notice of Hearing was not checked, therefore proof is not on file that interested persons and agencies were served a copy of the Accounting (see PrC§17203).
Appearance of counsel required (by VCourt if preferred).
2201429 ESTATE OF MARY A. CUSTER
Hearing on Court’s Motion to Dismiss:
If no one appears, case will be closed.
Appearance not required (by VCourt if preferred).
PR-22-000545 ESTATE OF NETTIE MESTAS, AKA NETTIE V. MESTAS, NETTIE VIRGINIA MESTAS, VIRGINIA GARIPPO
Hearing on Petition for Final Distribution of Estate; First and Final Account and Report of Administrator with Will Annexed; Petition for Allowance of Attorney and Administrator with Will Annexed’s Statutory Fees and Costs; Petition to Unblock Estate Account continued from 08/01/24:
Prior Notes have been cured.
• Verified Declaration file-marked 08/13/24 identified an additional heir of the decedent’s estate. Notice of Hearing must be given to the newly-discovered heir.
• Proposed Form MC-358 Order Authorizing Withdrawal of Funds From Blocked Account not yet submitted.
Recommend continuance to 11/15/24 to allow time to perfect notice.
Appearance not required (by VCourt if preferred).
PR-22-000640 ESTATE OF PEDRO S. ALBERTO, AKA PETE ALBERTO
Hearing on PrC §12200 Status Report of Administration continued from 06/18/24, 08/09/24:
On 08/09/24, court continued hearing for noticed to be perfected. Notice not perfected. Prior notes remain:
• Person requesting special notice is Anthony D. Johnston, Esq. Person served was Anthony D. Johnson.
• Notice of Hearing (file marked 06/18/24) reflects incorrect hearing date of August 8, 2024.
Appearance by personal representative (Self-represented) required (by VCourt if preferred).
PR-23-000268 ESTATE OF LEONOR MACIEL AVELAR, AKA LEONOR M. AVELAR
Hearing on PrC§12200 Status Report of Administration continued from 06/20/24, 08/09/24:
On 06/20/24, Personal Representative was directed to perfect notice before next hearing. Notice has been perfected.
Recommend court allow estate to remain open and set an Account Review Hearing 03/13/25.
Appearance not required (by VCourt if preferred).
PR-23-000419, The Amaro Duarte 2022 Revocable Living Trust
Hearing on Court’s Motion to Dismiss:
If no one appears, case will be dismissed.
Appearance not required (by VCourt if preferred).
PR-24-000279 ESTATE OF MARIA GUADALUPE SALAZAR
Hearing on Amended Petition (file-marked 06/27/24) for Letters of Administration continued from 04/25/24, 08/07/24:
• Affidavit of publication file-marked 09/05/24 reflects publication occurred prior to the filing of the Amended Petition. Republication is required. See Local Rule 8.12 and California Rules of Court rule 7.53.
Recommend continuance to 11/15/24 to allow time for publication.
Appearance not required (by VCourt if preferred).
PR-24-000837 ESTATE OF SOCORRO M. ORTIZ, AKA SOCORRO ORTIZ
Hearing on Petition to Determine Succession to Real Property:
Attachment 14 did not describe the heirs as adults or minors (or, in the alternative, give their ages).
Recommend continuance to 10/25/24 to allow time to cure defect.
Appearance not required (by VCourt if preferred).
PR-24-000838 ESTATE OF TYRONE RAYMOND KNELLER, JR.
Hearing on Petition for Letters of Administration:
Form DE-147, Duties and Liabilities, signed by both petitioners, included the address for only co-petitioner L. Kneller and not D. Kneller. D. Kneller to submit new DE-147.
Recommend approval of petition.
Need proposed Letters.
Recommend Inventory Review Hearing 03/12/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).
MONDAY, SEPTEMBER 16, 2024
Department 21
8:30 a.m.
PR-22-001183 ESTATE OF TONNA NAPIER
Settlement Conference:
Hearing on Petition for Probate of Will and for Letters of Administration with Will Annexed continued from 08/07/24:
Prior Notes have been cured. No need to continue hearing on petition further – ready for trial.
Appearances mandatory (by VCourt if preferred).