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 Examiner, Anne Holsinger, 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, MARCH 15, 2024
Department 22
8:30 a.m.
444557 MATTER OF DAMIEN AMEZCUA SPECIAL NEEDS TRUST
Account Review Hearing:
A Seventh and Final Account of Trustee has been filed and set for hearing 05/08/24.
Hearing of 05/08/24 will be confirmed.
Recommend court also vacate Account Review Hearing of 07/01/25.
Appearance not required (by VCourt if preferred).
PR-20-000503 ESTATE OF STEPHEN BLAKEMORE
Hearing on Final Account and Report of Administrator and Petition for Settlement Thereof; for Allowance of Statutory Attorneys’ Compensation and for Reimbursement of Costs Advanced and for Final Distribution continued from 01/25/24:
• Description of assets on hand omitted legal description and assessor’s parcel number of real property as required by CRC 7.651(b)(3) and Local Rule 8.83 M.
o Declaration file-marked 01/25/24 does not clear this Note. Local Rule 8.83 does not apply to Form DE-160, Inventory and Appraisal, it applies to the Final Report now before the court.
• It appears that there is insufficient liquidity in the estate to pay attorney’s compensation and Administrator’s costs. Please clarify how fees and costs will be paid.
o Declaration file-marked 01/25/24 does not clear this Note. The Declaration alleges that there are sufficient liquid funds on hand to pay the following: administrative costs of $3,244.79 and attorney’s statutory compensation of $14,176.46, however the Report and Petition failed to allege what property is on hand for distribution. The Schedules do not reflect that there are any cash assets on hand at all. The only cash assets on hand were allegedly used to pay the Nickoley Creditor’s Claim and to payoff the vehicles.
• Proposed Order submitted 01/23/24 does not specify the property to be distributed other than the real property: “Specifically, all personal property assets and the real property” etc. What is the specific personal property that will be distributed?
Recommend continuance to 05/22/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-21-001435 ESTATE OF ROBERT M. ROSE
Hearing on Report on Waiver of Account and Petition for Final Distribution to Trustee of the Robert M. Rose Revocable Living Trust of 1995, and for Allowance of Compensation to Attorneys for Ordinary Services continued from 01/23/24:
Prior Notes have been cured.
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 09/26/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-22-000230 ESTATE OF ALEJO SANCHEZ ROMERO
Hearing on First and Final Report of Administrator on Waiver of Account and Petition for Allowance of Statutory Compensation to Attorney, and for Final Distribution continued from 01/25/24:
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 09/26/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-22-000521 ESTATE OF DONALD EDGAR ASBILL
Hearing on First and Final Account and Report of Administrator and Petition for its Settlement, for Allowance of Reimbursement of Costs Advanced, Allowance of Compensation to Administrator and Attorneys for Ordinary Services and for final Distribution continued from 01/23/24:
Prior Notes have been cured.
Recommend approval of Account and Petition as supplemented.
Need new proposed Order.
Recommend Discharge Review Hearing 09/26/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-22-001042 ESTATE OF JOHNNYE MARIE TIDWELL
Hearing on First and Final Report of Administrator on Waiver of account and Petition for Allowance of Statutory Compensation to Attorney and for Final Distribution continued from 01/18/24:
Prior Notes have been cured.
Recommend approval of Account and Petition.
Recommend Discharge Review Hearing 09/26/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-23-000196 ESTATE OF MELVIN MENDES, AKA MELVIN A. MENDES
Hearing on First and Final Report of Executors on Waiver of Accounting and Petition for its Settlement, for Allowance of Compensation for Ordinary Services and Costs, and for Final Distribution continued from 01/25/24:
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 09/26/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-23-000856 ESTATE OF MARK DENNIS WINBIGLER
Inventory Review Hearing:
Final Inventory and Appraisal on file.
Current bond does not appear sufficient. Personal Representative did not file ex parte for increase of bond [PrC§8480(c), CRC 7.204].
As the Minute Order of 09/19/23 and the Order for Probate file-marked 09/21/23 each gave a different date for this hearing, recommend court continue this matter to 05/21/24 for the personal representative to address the inadequate bond. Recommend court direct courtroom clerk to mail a copy of this Minute Order to counsel.
Appearance not required (by VCourt if preferred).
PR-23-001158 ABRAM AND SUSAN CHIPMAN IRREVOCABLE TRUST
Hearing on Petition for Order Directing that Assets be Transferred into Trust continued from 01/23/24:
Notice of hearing appears complete.
Petition is submitted to court for determination.
Appearance by counsel required (by VCourt if preferred).
PR-23-001288 ESTATE OF JENEVIEVE ANN KENOYER, AKA JENEVIEVE A. KENOYER
Hearing on Petition for Probate of Will and for Letters Testamentary continued from 01/23/24:
Will is not self-proving. Proof of Subscribing Witness on file.
New Note:
• Affidavit of publication file-marked 02/22/24 reflects that the published notice was untimely: the notices published gave notice of a hearing that was held before the publications occurred.
Prior Notes remain:
• Petition item 8 did not identify the Trustee of the Trust identified in decedent’s Will. See Local Rule 8.14A.
• Form DE-121 Notice of Petition to Administer Estate did not include notice on the Trustee of the Trust identified in decedent’s Will.
• There is insufficient information in court's file to determine if notice is adequate under PrC§§1208b, 15804.
o Need copy of trust.
• Form DE-150, Proposed Letters, not submitted.
Recommend continuance to 05/21/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
MONDAY, MARCH 18, 2024
Department 21
8:30 a.m.
PR-21-001122 ESTATE OF ROSA DURAN
Case caption of Petition file marked 10/01/2021: “ANGELICA VEGA, GUADALUPE MALDONADO, ALEJANDRA GARCIA, ESTHER MORENO VS. MIGUEL DURAN, JR., PATRICIA GIL AND DOES 1 THROUGH 10”
Settlement Conference:
Appearances mandatory (by VCourt if preferred).
TUESDAY, MARCH 19, 2024
Department 22
8:30 a.m.
388580 MATTER OF JEREMY MILLER SPECIAL NEEDS TRUST
Order to Show Cause issued 11/17/23 to Trustee’s counsel:
• Order to show cause will be discharged as bond rider is on file.
Bond Review Hearing continued from 12/07/22, 03/29/23, 08/02/23, 09/27/23, 11/17/23:
On 09/27/23 court approved Petition for Order Approving Sixth Account and Report of Trustee, and for Attorney’s Fees and Costs as supplemented, including increase of bond from $325,000.00 to $330,000.00.
Supplemental bond rider showing total bond of $330,000.00 on file.
Order will be signed pursuant to PrC§2320.2 now that bond rider is on file.
Court will set an Account Review Hearing 10/01/24 for receipt of Seventh Account and Report of Trustee.
Appearance not required (by VCourt if preferred).
PR-21-000344 ESTATE OF RUDOLPH REYES
Account Review Hearing continued from 12/12/23:
Trailing partition petition.
Hearing on Complaint for Partition by Sale of Real Property continued from 01/24/23, 05/10/23, 07/12/23, 09/14/23, 12/12/23:
Answer filed – 01/23/23.
Prior Note remains:
• Notice of Hearing file-marked 07/10/23 does not include notice to the estate of the beneficiary who passed away during this estate proceeding (PrC§§11952, 13006, 11802).
o On 12/12/23 court instructed counsel to prepare a verified pleading identifying the successors-in-interest to the deceased beneficiary, including a Family Tree and describing her estate plan, if she had one. Not on file.
Recommend court set date certain for Declaration identifying those entitled to notice to be filed as the court has ordered, or petition will be dismissed.
Appearance by Administrator, Petitioner/Administrator’s counsel (as to the partition sale), and counsel for beneficiary R. Reyes (as to the partition sale) required (by VCourt if preferred).
PR-21-001001 ESTATE OF SONJA YVONNE HOLTON
Discharge Review Hearing continued from 07/27/23, 11/21/23:
Nothing filed since previous hearing. Prior Notes remain:
Receipts of distribution are on file.
Declaration regarding retains not on file.
Ex Parte Petition for Final Discharge and Order not yet submitted.
Need status.
Appearance by counsel required (by VCourt if preferred).
PR-22-000549 ALFONSO POGOLOTTI JR TRUST
Court’s Motion to Dismiss:
If no one appears, case will be dismissed.
Appearance not required (by VCourt if preferred).
PR-22-000455 ESTATE OF MARIE NICKSON
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 08/06/24 to allow time for filing of above pleadings. If neither pleading is on file by the next hearing date, the court may issue an order to show cause for personal representative to appear pursuant to PrC§12202.
Appearance not required (by VCourt if preferred).Note for future Examiner: carefully review Final Account for acts PR may have taken before Letters issued (i.e. before she had authority).
PR-22-000730 ESTATE OF MARGARET JOLEEN THRASHER
Account Review Hearing 03/19/24.
A Second PrC§12200 Status Report has been filed and set for hearing 04/11/24.
Hearing of 04/11/24 will be confirmed.
Notice of Hearing file-marked 02/28/24 gave notice of the wrong hearing date.
Appearance not required (by VCourt if preferred).
PR-23-000024 ESTATE OF CYNTHIA PATRICE CHAMBERS MELLO, AKA CYNTHIA PATRICE CHAMBERS, CYNTHIA PATRICE MELLO, CINDY CHAMBERS
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing 06/27/24.
Hearing of 06/27/24 will be confirmed.
Appearance not required (by VCourt if preferred).
PR-23-000575 HELEN SCHERR REVOCABLE TRUST
Hearing on Petition for Return of Property to the Trust of Helen Scherr, Dated September 26, 2003 continued from 09/07/23, 12/05/23:
Hearing required.
Appearance required (by VCourt if preferred).
PR-23-000764 ESTATE OF KENNETH CAPERTON
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 11/13/24 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).
PR-23-000860 ESTATE OF GUY WILLIS HOUCK
Inventory Review Hearing:
Final Inventory and Appraisal on file.
• Inventory and Appraisal omits characterization of decedent’s property [PrC§8850(c)]. This information will be needed prior to the closing of the estate.
Recommend Account Review Hearing 10/29/24 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).
PR-22-000539 ESTATE OF MARTHA JEAN JONES, AKA MARTY JONES, MARTHA
Hearing on Report on Waiver of Account, Petition for Allowance of Compensation to Attorneys for Ordinary Services and for Final Distribution:
• Copies of Waivers of Accounting may not only be attached as exhibits but must be filed as separate pleadings, not attached to any other document (PrC§10954).
Recommend court direct Administrator to file the two Waivers of Accounting forthwith.
Recommend approval of Report and Petition.
Need proposed Order.
Recommend court vacate Account Review Hearing of 04/18/24.
Recommend Discharge Review Hearing 09/26/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-23-000289, The Machado Family Credit Bypass Trust
Related case PR-23-000930
Hearing on Motion to Quash Subpoena for Production of Business Records and for Sanctions:
SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/…
PR-23-000628 ESTATE OF CONSUELO DURAN
Hearing on First and Final Report of Administrator, Waiver of Account, Petition for Settlement Hereof, for Allowance of Statutory Attorneys’ Fees, and for Final Distribution:
• Waivers of Accounting do not bear notary’s acknowledgement (Local Rule 8.69).
• Proposed Order omitted language regarding ex parte accounting of retains as required by Local Rule 8.68.
Recommend continuance to 03/28/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
Add-on:
PR-21-001362 THE MAUPIN FAMILY TRUST
Hearing on Petitioner's Ex Parte Application to Suspend or Remove Co-Trustee and Confirm Sole Successor Trustee:
Hearing time reserved pending filing of ex parte documents.
9:30 a.m.
PR-22-000843 ESTATE OF JAMES ARNOLD PAIONI, AKA JAMES A. PAIONI, JIM A. PAIONI
Court trial (Day Eight)
Appearances mandatory.
PR-22-001289, Restatement of the James A. Paioni Trust
Court trial (Day Eight)
Appearances mandatory.
WEDNESDAY, MARCH 20, 2024
Department 22
8:30 a.m.
PR-20-000565 ESTATE OF KENT DANA COLEMAN
Discharge Review Hearing continued from 08/31/23, 12/07/23:
Nothing filed since previous hearing. Prior Notes remain:
The court’s Order for Final Distribution was that one-half of the estate be distributed to the personal representative of the estate of the deceased heir pursuant to PrC§11802.
Receipts of distribution for one heir on file; another receipt of distribution is on file reflecting that PR distributed assets to herself and not as the court had ordered pursuant to Order for Final Distribution file-marked 03/08/23. This was not authorized by the court.
• Ex Parte Petition for Final Distribution was returned for correction on 08/25/23. Various pleadings have been filed but it does not appear that a request is pending before the court, nor is there proof of service on file for the Declaration file-marked 08/22/23.
Appearance by counsel and personal representative mandatory (by VCourt if preferred).
PR-22-000002 ESTATE OF MARK WAYNE GIRDNER
Inventory Review Hearing continued from 03/28/23, 07/11/23, 09/13/23, 12/13/23:
New Note: A Status Report pursuant to Probate Code section 12200 is overdue by six months.
Nothing filed since previous hearing. Prior Notes remain:
A Third Final Inventory and Appraisal was filed on 09/27/23:
• The box next to the word “Corrected” was not checked on the top of page 1.
• Property Tax Certificate [Probate Code 8800(d)] may be necessary as Form DE-160 (Inventory and Appraisal) omitted item 5 (re: property tax certificate).
• Page 2 appears to be a photocopy of page 2 of the Second Final Inventory and Appraisal file-marked 07/06/23, which indicates that the personal representative did not sent the Third Final Inventory and Appraisal to the Probate Referee. This appears to be a fatal defect in the Inventory and Appraisal.
On 12/23/23 court ordered personal representative to:
1. Prepare a Corrected Final Inventory and Appraisal forthwith.
2. Submit the Corrected Final Inventory and Appraisal to the Probate Referee to complete the appraisal, as the date of death was not correct on the form that the Referee completed (file-marked 07/06/23).
3. Satisfy Revenue and Taxation Code section 480 by filing a change of ownership statement with the county recorder or assessor of this county, and complete item 5 on the Corrected Final Inventory and Appraisal prior to filing it with the civil clerk’s office.
For failure of personal representative to comply with the court’s prior orders:
X Recommend court suspend Personal Representative pursuant to PrC§8500(b).
X Recommend court set a hearing on its own motion for removal of the personal representative from office (an Order to Show Cause) pursuant to PrC§§8804(b), 8502. Personal Representative will be ordered to appear and show cause why she should not be removed from office for neglecting to perform any act as personal representative.
X Recommend court refer matter to the Public Administrator and County Counsel, pursuant to PrC§7621, for appointment of Public Administrator.
Appearance by personal representative (self-represented) required (by VCourt if preferred).
PR-23-000872 ESTATE OF DOLORES BISCARRA
Inventory Review Hearing:
Letters issued 10/09/23. Inventory and Appraisal due 02/09/24.
Final Inventory and Appraisal not on file. See Local Rule 8.41 B.
Recommend continuance to 05/22/24 to allow time for filing above pleadings.
Appearance not required (by VCourt if preferred).
PR-19-000562 JASON A WHITE SPECIAL NEEDS TRUST
Account Review Hearing:
Second Account Current and Report of Trustee for has been filed and set for hearing 04/18/24.
Hearing of 04/18/24 will be confirmed.
Appearance not required (by VCourt if preferred).
PR-22-000479 ESTATE OF ARMIE LEE RICHARDSON
Account Review Hearing:
See Local Rule 8.82. Neither Petition for Final Distribution nor Probate Code § 12200 Status Report are on file.
A Petition for Final Discharge and Order was returned on 03/08/24 for being premature.
Appearance by Administrator (self-represented) required (by VCourt if preferred).
PR-23-000031 ESTATE OF VICKIE LYNN CHACON
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 08/21/24 to allow time for filing of above pleadings. If neither pleading is on file by the next hearing date, the court may issue an order to show cause for personal representative to appear pursuant to PrC§12202.
Appearance not required (by VCourt if preferred).
PR-23-000844 ESTATE OF MARIA C. MOREIRA
Order to Show Cause issued 12/05/23 to petitioner:
• To appear and show cause why case should not be dismissed for failure to appear, failure to cure defects.
Hearing on Amended Petition (file-marked 09/20/23) to Determine Succession to Real Property and Personal Property continued from 09/13/23, 12/05/23:
• Defects in petition (Form DE-310):
o Item 7b was not completed (petitioner alleges that proceedings for administration of decedent’s estate have commenced, but did not specify the state, county, court, and case number of that proceeding).
o Attachment 8 omitted (see item 8).
X Petitioner must have the property appraised by the Probate Referee, Steven G. Pallios. See Forms DE-160 and DE-161.
• Notice of Hearing not on file. See Probate Code section 13152-3, Local Rule 8.17, and Judicial Council Form DE-120.
• Proposed Order not yet submitted. See Judicial Council Form DE-135.
It appears that all those persons succeeding to decedent’s interest in the subject real and personal property have not joined in this petition. See Probate Code section 13006(b) for definition of successor of the decedent and item 1 on Form DE-130, Petition.
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) mandatory (by VCourt if preferred).
PR-23-000352 – In re The Dolores Virginia Caudillo Living Trust
Hearing on Petition by beneficiary Katherine Gaska to Remove Trustee continued from 06/22/23, 09/13/23, 12/13/23:
Objection filed 04/24/23 by trustee Charlene Mora
Need status of meet-and-confer.
Appearance by counsel required (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 continued from 12/13/23:
Response filed – 12/06/23 by one of the Respondents, Nathan Adams.
Objection filed - 12/28/23 by one of the Respondents, Constalina, Inc.
Acknowledgement of receipt on file from one of the Respondents, Bobbie Puryear.
Need status of meet-and-confer.
Appearance required (by VCourt if preferred).
PR-22-000167 ESTATE OF WILLIAM ALAN HOLTZCLAW
Hearing on Petition for Final Distribution on Waiver of Accounting (and for Allowance of Statutory Commissions):
• Itemization of costs of administration was omitted (see Local Rules 8.69, 8.83K).
• Paragraphs 10 and 14 do not appear to agree. If the main asset of the estate, a house, was sold (paragraph 14) then it would appear that the personal representative did engage in an act for which she had authority under the Independent Administration of Estates and for which a Notice of Proposed Action was required (paragraph 10). See PrC§§10510, 10580 et seq., Local Rule 8.100.
o Notice of Proposed Action must be filed, with affidavit of mailing attached, per Local Rules 8.83 N and 8.100.
• A copy of the final seller’s statement was neither attached nor filed separately.
• Copies of Waivers of Accounting may not only be attached as exhibits but must be filed as separate pleadings, not attached to any other document (PrC§10954).
• Waivers of Accounting do not bear notary’s acknowledgement (Local Rule 8.69).
• The calculation of statutory commissions and/or attorney’s fees must include losses on sales and include gains on sales (see Local Rule 8.69).
o Schedule showing Gains/Losses not attached as required by CRC 7.550(b)(6).
o Exhibit C “Assets on Hand” reflects that the estate suffered losses on sales.
X Donation of an asset for no consideration may be considered a loss on sale.
• Exhibit D “proposed distribution” reflects a division that is only fractions of the whole. Please specifically describe the proposed distributions to each heir.
• Notice of Hearing not on file (PrC §§ 10830, 11000, 11601) including on the attorney who filed a Request for Special Notice.
• Proposed Order not yet submitted. See language regarding ex parte accounting of retains as required by Local Rule 8.68.
Recommend continuance to 05/22/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-22-000636 ESTATE OF EMMA GARCIA MONTALVO
Hearing on First and Final Account and Report of Administrator and Petition for its Settlement, for Allowance of Statutory Compensation to Administrator and Attorney, and Compensation to Administrator and Attorney for Extraordinary Services, and for Final Distribution:
No defects in the petition.
Request for extraordinary compensation to Administrator and Attorney submitted to court for determination.
Appearance by counsel required (by VCourt if preferred).
THURSDAY, MARCH 21, 2024
Department 22
8:30 a.m.
PR-21-000379 ESTATE OF JOSEPH W. CAMERON
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing 06/18/24.
• A Notice of Hearing (Form DE-120) has been filed, with the incorrect hearing date for the above matter.
• Cursory review of the Petition reflects request by personal representative that the court not require an accounting, and no accounting was attached to that pleading. Review of the file does not reflect that the personal representative has filed Waivers of Accounting from each of the heirs, acknowledged by a notary. See Probate Code section 10954 and Local Rule 8.69.
o The Note for the hearing on 06/18/24 will contain a more exhaustive review of the pleading.
Appearance not required (by VCourt if preferred).
PR-22-000495 ESTATE OF SHIRLEY ANN THOMAS
Account Review Hearing:
On 10/20/23, the court directed that a PrC§12200 Status Report must be filed if estate is not in a position to be closed. Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
• The “Declaration of Status” file-marked 02/27/24 does not comply with the statute.
o $200.00 filing fee was not paid.
o Not verified.
o Does not allege the condition of the estate or the reasons why the estate cannot be distributed and closed [PrC§12201(a)].
Recommend court require Administrator and Administrator’s counsel to be personally present pursuant to PrC§12202 (an Order to Show Cause):
• To show condition of estate and why estate cannot be distributed and closed;
• So that court may order Administrator to prepare and file a First Account Current at the court’s discretion pursuant to PrC§12202(b).
• Noncompliance may result in removal of personal representative from office (PrC§§12204, 8500).
Appearance by Administrator and Administrator’s counsel required (by VCourt if preferred).
PR-22-000031 JULIAN LOPEZ FAMILY TRUST
Hearing on Petition (filed by J. Lopez, A. Lopez, M. Lopez) for Removal of Co-Trustees and Appointment of Successor Trustee, to Compel Accounting and to Obtain Documents in Support of Accounting, for Reimbursement of Costs and Fees for Petition, and to have Co-Trustees Surcharged (PrC§§15642, 17200, et seq.) continued from 03/29/22, 07/28/22, 12/16/22, 01/18/23, 03/07/23, 07/12/23, 09/14/23, 12/12/23:
Objection filed – 05/13/22, by L. Garcia.
Possible long cause matter.
Hearing on Accounting (filed by L. Garcia) of the Julian Lopez Family Trust (Filed 10/26/22) continued from 03/04/23, 07/12/23:
Notice appears complete.
Objection filed – 01/03/23, by J. Lopez, A. Lopez, M. Lopez.
Response to the Objection filed – 07/07/23.
Possible long cause matter.
Need status of meet-and-confer.
Appearance by counsel required (by VCourt if preferred).
PR-22-000603 ESTATE OF PATRICIA ANN TORRES
Hearing on First and Final Account and Report of Personal Representative and Petition for Settlement Thereof; for Allowance of Attorney’s Compensation for Ordinary Services; and for Final Distribution continued from 12/28/23:
Recommend approval of Account and Petition as supplemented.
Recommend Discharge Review Hearing 09/26/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-22-000931 MATTER OF DONNA LEE WARNER SEPARATE PROPERTY TRUST
Hearing on Amended (file-marked 02/27/23) First and Final Account and Report of the Co-Trustees for the Period of 01/28/21 to 02/13/23, Inclusive; Waiver of Trustee Fees; and Petition for Order Settling Account, Approving Attorneys’ Fees, and Approving Final Distribution [PrC§§1060-4, 16063, 17200(b)(5)] continued from 12/01/22, 03/29/23, 08/02/23, 12/13/23:
Separate Status Reports on file both reflect this matter has settled and that a settlement agreement will be provided to this court for its approval.
Recommend court set hearing 07/03/24 on court’s motion to dismiss.
Appearance not required (by VCourt if preferred).
PR-23-000469 ESTATE OF CHRISTIAN GOMEZ GUITRON, AKA CHRISTIAN GUITRON GOMEZ
Inventory Review Hearing continued from 12/13/23:
See Local Rule 8.41 B, Probate Code section 8800 et seq.
Letters issued 06/15/23. Inventory and Appraisal due 10/16/23. Final Inventory and Appraisal not on file.
Partial No. 1 Inventory and Appraisal is on file.
Consider visiting the California Courts Self Help “inventory” page at
https://selfhelp.courts.ca.gov/probate/inventory-estimate-value and downloading forms from https://www.courts.ca.gov/forms.htm
Recommend court set an Account Review Hearing 08/08/24 pursuant to Local Rule 8.82 and refer the Administrator also to Probate Code sections 12200, and 9000 through 9399.
Appearance not required (by VCourt if preferred). Court appearances may be made in-person or remotely. Remote appearances are conducted by "VCourt"; more information about VCourt and how to register for VCourt may be found on the court's website https://www.stanislaus.courts.ca.gov/
PR-23-000887 ESTATE OF EMMANUEL GOMEZ
Hearing on Petition for Probate of Will and for Letters of Administration with Will Annexed (filed by J. Gomez) continued from 12/27/23:
Petitioner is seeking admission of the decedent’s holographic will to probate.
• Petition item 5a(7) was checked, indicating that decedent was survived by the issue of a predeceased child(ren). No grandchildren or deceased children were included in petition item 8.
• Form DE-121 Notice of Petition file-marked 01/22/24:
o Pursuant to CRC rule 7.51(2), notice mailed to a person in care of another person is insufficient unless the person entitled to notice is an adult and has directed the party giving notice in writing to send the notice in care of the second person.
o Notice to a minor must be sent directly to the minor. A separate copy of the notice is on file for the person or persons having legal custody of the minor, with whom the minor resides (same person was also appointed as Guardian ad litem) [CRC rule 7.51(d)].
• Proposed Letters: date affirmation was executed is in the future.
Recommend continuance to 05/17/24 to allow time to cure defects.
Appearances not required (by VCourt if preferred).
PR-21-001425 ESTATE OF ACIE WILKINS, AKA ACIE L. WILKINS, ACIE LYNWARD WILKINS
Hearing on First and Final Report of Administrator with Will Annexed on Waiver of Account and Petition for Allowance of Compensation to Administrator with Will Annexed for Ordinary Services, for Compensation to Attorneys for Ordinary Services and Extraordinary Services on a Contingent Fee Basis, for Reimbursement to Attorneys for Costs Advanced, and for Final Distribution:
• Report paragraph 10 does not appear complete pursuant to Local Rule 8.82 F. Was there a response from the Victim Compensation Board?
• Waivers of Accounting do not bear notary’s acknowledgement (Local Rule 8.69).
• Copies of Waivers were attached as an Exhibit; Waivers must be filed separately (PrC§10954) and not attached to any other pleading.
• Neither Exhibit G (Diel’s Declaration re: contingency fees) nor Exhibit H (Galarneau’s Declaration re: contingency fees) allege the total hours or total fees.
• Exhibit H (Galarneau’s Declaration re: contingency fees) includes several line items with a duration of zero hours for which a fee was still assessed: $418.85 on 11/03/22, $250.00 on 09/19/22, $762.60 on 09/06/22, $47.31 on 02/15/22.
Recommend continuance to 05/17/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-22-001006 ESTATE OF BRETT JON LONGWORTH
Hearing on Amended Petition for Final Distribution, Report on Waiver of Accounting, Allowance of Attorney and Administrator Compensation and Reimbursement of Costs of Administration to Attorney:
• Report paragraph 8 does not appear complete pursuant to Local Rule 8.82 F. Please be specific. See also PrC§§9202(b) and 216.
• New Notice of Hearing not on file following filing of amended pleading (see CRC rule 7.53).
Recommend continuance to 03/26/24, to coincide with Account Review Hearing already set, to allow time to cure defects.
Appearance not required (by VCourt if preferred).
MONDAY, MARCH 25, 2024
Department 23
10:00 a.m.
PR-22-000274 LEOPOLD T. PRESCOTT LIVING TRUST
Settlement Conference:
Any person wishing to appear remotely must obtain the court’s permission to appear via VCourt by contacting the courtroom clerk.
TUESDAY, MARCH 26, 2024
Department 22
8:30 a.m.
PR-19-001227 ESTATE OF MAURINE COOK
Hearing on First Amended (file-marked 07/21/23) First and Final Report of Successor Administrator; Petition for Final Distribution of Estate; Petition for Allowance of Costs Advanced by Administrator and Statutory Attorney Fees continued from 05/18/22, 07/14/22, 01/25/23, 07/26/23, 09/21/23, 01/09/24:
Prior Notes have been cured.
No defects found in First Amended Report and Petition as supplemented.
Need new proposed Order:
• Omitted property on hand (see paragraph 19).
• Order of distributions reflected on page 6 were only for fractions and not for specific cash amounts. If the cash amounts that will be distributed have changed since the Petition was filed, that information may be provided by supplement with such notice as is required by statute and rule.
Recommend continuance to 05/17/24 for either a new order or for a supplement specifying amount of cash on hand for distribution.
Appearance not required (by VCourt if preferred).
PR-22-000192 ESTATE OF TONY NUNES, AKA ANTHONY F. NUNES
Account Review Hearing continued from 11/28/23:
On 11/28/23 the court directed that a PrC§12200 Status Report must be filed if estate is not in a position to be closed. Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
• Recommend court issue Order to Show Cause to Executor and Executor’s counsel to be personally present pursuant to PrC§12202:
o To show condition of estate and why estate cannot be distributed and closed;
o So that court may order Administrator to prepare and file a First Account Current at the court’s discretion pursuant to PrC§12202(b).
o Noncompliance may result in removal of personal representative from office (PrC§§12204, 8500).
Appearance by Executor and Executor’s counsel required (by VCourt if preferred).
PR-22-000639 ESTATE OF LES RAY LOESER, JR.
Account Review Hearing continued from 11/21/23:
A PrC§12200 Status Report of Administration has been filed and set for hearing 03/28/24.
Hearing of 03/28/24 will be confirmed.
Appearance not required (by VCourt if preferred).
PR-22-000785 ESTATE OF ANA ROSA SERRANO
Account Review Hearing continued from 11/21/23:
On 11/21/23 the court directed that a PrC§12200 Status Report must be filed if estate is not in a position to be closed. Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
• Recommend court issue Order to Show Cause to Administrator and Administrator’s counsel to be personally present pursuant to PrC§12202:
o To show condition of estate and why estate cannot be distributed and closed;
o So that court may order Administrator to prepare and file a First Account Current at the court’s discretion pursuant to PrC§12202(b).
o Noncompliance may result in removal of personal representative from office (PrC§§12204, 8500).
Appearance by Administrator and Administrator’s counsel required (by VCourt if preferred).
PR-22-000857 ESTATE OF GWENDOLYN LORRAINE BROUILLARD, AKA GWENDOLYN L. BROUILLARD, GWEN BROUILLARD
Account Review Hearing continued from 11/28/23:
On 11/28/23 the court directed that a PrC§12200 Status Report must be filed if estate is not in a position to be closed. Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
• Recommend court issue Order to Show Cause to Administrator and Administrator’s counsel to be personally present pursuant to PrC§12202:
o To show condition of estate and why estate cannot be distributed and closed;
o So that court may order Administrator to prepare and file a First Account Current at the court’s discretion pursuant to PrC§12202(b).
o Noncompliance may result in removal of personal representative from office (PrC§§12204, 8500).
Appearance by Administrator and Administrator’s counsel required (by VCourt if preferred).
PR-22-001006 ESTATE OF BRETT JON LONGWORTH
Account Review Hearing:
• Do not recommend further continuance of Account Review Hearing.
Hearing on Amended Petition for Final Distribution, Report on Waiver of Accounting, Allowance of Attorney and Administrator Compensation and Reimbursement of Costs of Administration to Attorney continued from 03/21/24:
• Report paragraph 8 does not appear complete pursuant to Local Rule 8.82 F. Please be specific. See also PrC§§9202(b) and 216.
• New Notice of Hearing not on file following filing of amended pleading (see CRC rule 7.53).
THIS NOTE WILL BE UPDATED ON 03/25/24. PLEASE CHECK BACK.
PR-23-000889 ESTATE OF ROBERT MADRUGA
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
A Petition for Final Distribution has been filed and set for hearing 05/21/24.
Hearing of 05/21/24 will be confirmed.
Appearance not required (by VCourt if preferred).
PR-23-000952 ESTATE OF JAMES EARLY TONEY
Hearing on Petition for Probate of Will and for Letters Testamentary continued from 10/12/23, 01/03/24:
Prior Notes remain:
• Form DE-111 Petition Item 3f(3) reflects that decedent’s will was lost.
o Heading on page 1 did not include a checkmark in box for “Lost”.
o Attachment 3f(3) was omitted from the Petition (Declaration regarding lost will). See Probate Code sections 6124 and 8223.
Petitioner alleged and documents attached to the petition reflect that the sole beneficiary of decedent’s will is a person suffering from dementia-related illness.
The Court directed petitioner to provide copy of power-of-attorney documents as to that heir.
Guardian ad litem may be required.
Recommend continuance to 04/10/24 to trail hearing on Ex Parte Petition for Appointment of Guardian ad litem.
Appearance not required (by VCourt if preferred).
PR-24-000030 ESTATE OF MARIA L. GUERRERO, AKA MARIE LUISA GUERRERO, MARIE GUERRERO
Hearing on competing Petition for Letters of Administration filed by H. Guerrero:
• Form DE-147 Duties and Liabilities 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.
Hearing on original Petition for Letters of Administration filed by M. Booker continued from 02/22/24:
No defects remain.
Appearance by counsel required (by VCourt if preferred).
PR-21-000085 ESTATE OF ANET SAROUKHANIOFF
Hearing on PrC§12200 Status Report of Administration:
Notice of Hearing not on file as required by PrC§12201.
On 01/23/24 the court ordered the personal representative to file the Amended First and Final Account immediately, as counsel represented that the pleading had been drafted. That pleading is not on file.
Recommend continuance to 05/07/24 to coincide with hearing on First Account Current.
No appearances.
PR-23-000420 ESTATE OF RICHARD HOWARD MURRAY
Hearing on Waiver of Accounting, Report of Administrator and Petition for Final Distribution; Waiver of Compensation by Administrator; for Allowance of Compensation to Attorney for Ordinary Services and for Final Distribution:
Recommend approval of Report and Petition.
Recommend court vacate Account Review Hearing of 06/26/24.
Recommend Discharge Review Hearing 09/26/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-23-001043 ESTATE OF MARIA C. LERIN, AKA MARIA CARMEN LERIN, MARIA D. LERIN
Hearing on Report of Sale and Petition for Order Confirming Sale of Real Property at 3342 Topeka Street, Riverbank, CA 95367 (A.P.N. 132-009-031-000):
• Item 12 of the petition appears vague as to efforts taken by the personal representative to expose the property to the market [PrC§10310(b)].
• Reappraisal not on file; last appraisal was from 12 months and one day prior to this hearing (date of decedent’s death). See Local Rule 8.54.
• Affidavit of publication file-marked 01/09/24 reflects that notice period did not terminate until after the date the notice gave as the date the sale was to be made. See Government Code § 6063: “The period of notice commences upon the first day of publication and terminates at the end of the twenty-first day, including therein the first day.”
o It therefore appears that the published notice was defective, which would be a fatal defect pursuant to PrC§10300(b)(1), 10306.
• At this time, it appears that the estate may escheat to the State of California (no known heirs alleged in the petition). Notice of Hearing is therefore required on the State Attorney General (PrC§§10308, 1220, 1209). Notice of Hearing not on file for the State Attorney General.
• Letters have not issued.
At least one of the above defects was described as fatal. Recommend court vacate sale and order a new sale pursuant to PrC10313(c).
Appearance not required (by VCourt if preferred).
PR-24-000023 HAGER FAMILY TRUST
Hearing on Petition to Remove Trustee; for Surcharge of Trustee, for Relief from Breach of Trust; for an Accounting; for Instructions:
REVIEW IN PROGRESS. PLEASE CHECK BACK.
PR-24-000135 ESTATE OF ANDREW H. WOODS
Hearing on Petition for Probate of Will and for Letters Testamentary:
Will is not self-proving. Proof of Subscribing Witness on file.
Recommend approval of petition and admission of will to probate.
Recommend Inventory Review Hearing 09/25/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).
PR-24-000143 ESTATE OF HENRY FRANK SHERMAN
Hearing on Petition for Letters of Administration:
Recommend approval of petition.
Recommend Inventory Review Hearing 09/25/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).