Probate Notes

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.

POSTED SEPTEMBER 29, 2022, UPDATED 12/02/22

• Please help expand the list of qualified counsel willing to accept appointment in Probate matters, as either court-appointed counsel in Conservatorships pursuant to PrC§1471, Guardians ad litem, successor personal representatives in decedents' estates, and successor trustees. Keep an eye on these public notices in the coming weeks to learn more about the qualifications, requirements, and how to be added to the list of those willing to accept appointment.

• For appointment as counsel in a Conservatorship, please see the list of qualifications and requirements found in California Rule of Court 7.1103 and 7.1105.

• Review forms PR004, PR005, and GC-010 available for download on the Common Forms & Packets page here: https://www.stanislaus.courts.ca.gov/forms-filing/common-forms-packets for more information.  Remit your completed forms to the Superior Court.

 

POSTED DECEMBER 17, 2021

• 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

• 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, MAY 26, 2023
Department 23
8:30 a.m.

PR-22-000423 ESTATE OF LISA TINA WATSON, AKA LISA T. WATSON, LISA WATSON
Court’s Motion to Dismiss continued from 04/20/23:
Guardian ad Litem’s Brief in support of proposed Order Confirming Stipulation to Dismiss Petition for Probate, Etc., on file.
Recommend discharge of Guardian ad Litem prior to dismissal.
Appearances required (by VCourt if preferred).

 

Department 22
8:30 a.m.

2201133 TAMARA MASTAIN SPECIAL NEEDS TRUST
Hearing on Petition to Approve Third Account and Report of Trustee From 01/01/2020 Through 12/31/2021, and to Approve Trustee’s and Attorney’s Fees continued from 12/14/22, 01/11/23, 05/03/23:
Prior notes have been cured.
Request to increase bond by $27,000.00 for total bond of $300,000.00 appears appropriate.
Recommend approval of Account and Petition and increase of bond.
Recommend court set Account Review Hearing 08/29/2024 for receipt of Fourth Account and Report.
Appearance not required (by VCourt if preferred).

 

PR-19-000278 ESTATE OF KARILYN LOUISE READSHAW 
Hearing on Second PrC§12200 Status Report of Administrator with First Account and Report of Administrator, continued from 11/17/22, 01/18/23:
On 01/20/23 the court allowed the estate to remain open pursuant to the Second PrC§12200 Status Report filed on 09/16/22 and for which Notice of Hearing was filed on 01/13/23. 
Neither Petition for Final Distribution nor Third 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).

In response to above Note, counsel for personal representative filed a Declaration on 05/22/23. Proof of service neither attached nor filed separately.

Appearance by Administrator and Administrator’s counsel required (by VCourt if preferred).

 

PR-22-000240 VERNON ROBERT MEYERS JR. 2019 TRUST
Court’s Motion to Dismiss:
If no one appears, the matter will be dismissed.
Appearance not required (by VCourt if preferred).

 

PR-23-000318 ESTATE OF TIMOTHY F. WARD
Hearing on Petition for Probate of Will and for Letters Testamentary continued from 05/02/23:
Prior Notes have been cured.
Recommend approval of petition, admission of Will to probate.
Recommend Inventory Review Hearing 11/28/23 pursuant to Local Rule 8.41 B.
Appearance required (by VCourt if preferred).

 

Add-On:
PR-22-001172 ESTATE OF BRENDA GAIL MILLER
Hearing on First Amended Petition (filed 02/07/23) for Probate continued from 12/15/22, 04/05/23, 04/14/23, 05/14/23:
Recommend approval of First Amended Petition file-marked 02/07/23.
•    Proposed Letters submitted 02/10/23, Form DE-150, item 3 omitted (IAEA authority).
o    Proposed Letters submitted 11/03/22 appear to conform to the Amended Petition so new proposed Letters are not necessary.
Recommend Inventory Review Hearing 11/29/23 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

 

WEDNESDAY, MAY 31, 2023
Department 22
8:30 a.m.

 

PR-22-001097 ESTATE OF WANDA E. SAFFORD
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Order to Show Cause issued 03/07/23 to counsel:
•    To appear and show cause for failure to appear on 03/07/23.
•    Counsel’s Declaration regarding failure to appear file-marked 05/12/23.
Hearing on Petition by Administrator to Determine Ownership of Estate Property and for Order Authorizing and Directing the Transfer of Estate Property to Claimant (PrC§850) continued from 03/07/23:
Notes have been cured.
Notice of Hearing not on file (PrC§851). Petitioner requests court dispense with notice.
Submitted to Judge for determination.
Appearance by counsel mandatory (by VCourt if preferred).

 

PR-22-000319 ESTATE OF FABIAN PARA DEL RIO
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 01/10/24 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

 

PR-22-000336 ESTATE OF PHYLLIS DARLENE ASHWORTH
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Court ordered increase of bond ex parte. Bond rider not yet on file.
Recommend continuance to 06/23/23 to allow time for filing of a bond rider.
Appearance not required (by VCourt if preferred).

 

PR-22-000552 ESTATE OF KENNETH MANN BROWNING
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 01/03/24 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

 

PR-22-000749 ESTATE OF JACQUELINE IDEN
Inventory Review Hearing:
Letters issued 12/05/22. Inventory and Appraisal due 04/05/23.
Final Inventory and Appraisal not on file. See Probate Code section 8800 onward, Local Rule 8.41 B, and Forms DE-160 and DE-161.
Consider visiting the California Courts Self Help page at https://www.courts.ca.gov/42629.htm and downloading forms from https://www.courts.ca.gov/forms.htm
Appearance by personal representative (self-represented) required (by VCourt if preferred).

 

PR-22-001095 ESTATE OF JUDY BARNETT
Inventory Review Hearing:
Letters issued 11/29/22. Inventory and Appraisal due 03/29/23.
Final Inventory and Appraisal not on file.
Recommend Account Review Hearing 12/27/23 when PrC§12200 Status Report will be due, if Petition for Final Distribution is not on file. See Local Rules 8.41 B, 8.82.
Inventory and Appraisal must be filed before next hearing.
Appearance not required (by VCourt if preferred).

 

PR-22-001104 ESTATE OF BRENDA JOYCE SAFRIT
Inventory Review Hearing:
Partial No. 1 and Final Inventory and Appraisal on file.
Recommend Account Review Hearing 01/03/24 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

 

PR-22-001115 ESTATE OF JANET M. MASSEY
Inventory Review Hearing:
Final Inventory and Appraisal on file.
Recommend Account Review Hearing 01/10/24 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

 

PR-22-001117 ESTATE OF KEVIN R. OSKOVICH, AKA KEVIN RICHARD OSKOVICH
Inventory Review Hearing:
Final Inventory and Appraisal on file.
Recommend Account Review Hearing 01/10/24 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

 

PR-22-001120 ESTATE OF DANIEL GURULE
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 12/27/23 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

 

PR-22-001135 ESTATE OF TINA MARIE FERREIRA, AKA TINA M. FERREIRA
Inventory Review Hearing:
Letters issued 12/05/22. Inventory and Appraisal due 04/05/23.
Final Inventory and Appraisal not on file.
Recommend Account Review Hearing 01/03/24 when PrC§12200 Status Report will be due, if Petition for Final Distribution is not on file. See Local Rules 8.41 B, 8.82.
Inventory and Appraisal must be filed before next hearing.
Appearance not required (by VCourt if preferred).

 

PR-20-001129 ESTATE OF STACEY CARLSON, AKA STACEY LEIGH CARLSON, STACEY MONAGHAN
Hearing on PrC§12200 Status Report of Administration:
Notice of hearing appears complete.
Recommend court allow estate to remain open and set a further Account Review Hearing 05/29/2024 when a Second PrC§12200 Status Report must be filed if the estate is not in a position to be closed.
Appearance not required (by VCourt if preferred).

 

PR-21-001394 ESTATE OF KATHLEEN M. DUGAN SMETHURST, AKA KATHY SMETHURST
Hearing on Report of Administrator Amended, Petition for Allowance of Reimbursement of Estate Expenses to Personal Representative Amended, Petition for Allowance of Less than Statutory Fees to Personal Representative, and Petition for Final Distribution on Waiver of Accounting Amended (file-marked 05/18/23):
•    There is insufficient time for notice of the Amended Petition pursuant to CRC 7.53.
•    Need proposed Order approving Report and Petition.
      o    Proposed Order must list the specific distribution to each beneficiary, not only by fractions of the whole.
      o    Proposed Order must include language regarding ex parte accounting of retains as required by Local Rule 8.68.
Recommend continuance to 06/30/23 to allow time for notice.
Appearance not required (by VCourt if preferred).

 

PR-22-000388 ESTATE OF AUGUSTINE PACHECO
Hearing on First and Final Account and Report of Executors and Petition for Settlement Thereof; for Allowance of Compensation for Ordinary Services; for Reimbursement of Costs Advanced; and for Final Distribution:
Recommend approval of Account and Petition.
Recommend court vacate the Account Review Hearing of 07/18/23.    
Recommend Discharge Review Hearing 12/28/23.
Appearance not required (by VCourt if preferred).

 

PR-23-000332 MATTER OF THE 1994 JOE FAMILY TRUST
Hearing on Petition to Modify Trust
Pleading titled “withdrawal of petition” has been filed, with proof of service attached.
If no one appears, recommend court dismiss entire action without prejudice.
Appearance not required (by VCourt if preferred).

 

PR-23-000451 ESTATE OF ARTHUR A. BETTENCOURT
Hearing on Spousal Property Petition:
•    Will is allegedly lost. Please provide verified Declaration pursuant to PrC§6124 presumption.
•    Lost Will is not self-proving. Copy of Form DE-131, Proof of Subscribing Witness, was attached to the Petition.
      o    Items 1b and 1c of Form DE-131 were omitted.
      o    Original Form DE-131 Proof of Subscribing Witness has not been filed as a separate pleading, not attached to any other document.
•    Copy of grant deed showing current title was not attached or provided on separate pleading. See Local Rule 8.98.
•    Proposed Order does not appear compliant with Local Rule 8.41 (location of Judge’s signature).
Recommend continuance to 08/03/23 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-23-000452 ESTATE OF MURREL ANDERSON
Hearing on Spousal Property Petition:
•    Item 9 of the petition appears to identify the children of decedent’s surviving spouse and not the children of decedent.
•    Attachment 7 of the petition does not appear sufficiently detailed. Please see Local Rule 8.98 B.
Recommend continuance to 06/30/23 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-23-000458 ESTATE OF ANGELA CHASE
Hearing on Petition to Determine Succession to Real Property:
•    Petition item 13 omitted the specific percentage interest.
•    The three Declarations of release attached to the petition appear to be disclaimers of interest. Please see PrC§§275 et seq. Disclaimers must be filed with the court, not only attached as Exhibits to another pleading (PrC§§279-280).
•    Attachment 14 of the petition:
      o    Did not allege if the predeceased issue of decedent (M. Chase) left issue or died without issue.
      o    Did not allege if those heirs that have disclaimed their interest in the subject property leave issue pursuant to PrC§282.
•    Original Will has not been lodged.
•    Form DE-131, Proof of Subscribing Witness, not on file. See Local Rule 8.99 A.
•    Copy of recorded grant deed showing current title was not attached or provided under separate header. See Local Rule 8.99 B.
•    Proposed Order item 8b omitted the specific percentage interest.
Recommend continuance to 07/18/23 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

FRIDAY, JUNE 2, 2023
Department 22
8:30 a.m.

Add-On:
PR-22-000198 ESTATE OF PEGGY ADAMS
Hearing on Ex Parte Application for Increase of Bond:
Proof of forty-eight-hour notice not yet on file.
Appearance by counsel required (by VCourt if preferred).

 

TUESDAY, JUNE 13, 2023
Department 22
8:30 a.m.

 

445167 MATTER OF RAYMOND GERALD COCHRAN TRUST
Account Review Hearing:
Fifth Account Current has been filed and set for hearing 08/23/23.
Hearing of 08/23/23 will be confirmed.
No appearance required (by VCourt if preferred).

 

PR-21-001112 ESTATE OF ISABEL GARCIA, AKA ISABLE GARCIA
Account Review Hearing:
See Local Rule 8.82. Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
Recommend court order personal representative to file a PrC§12200 Status Report (with Notice pursuant to PrC§12201) within 90 days if estate is not in a position to be closed.
Recommend continuance to 09/26/23 to allow time for filing of above pleadings.
Appearance not required (by VCourt if preferred).

 

PR-22-000106 ESTATE OF J. JESUS QUEZADA, AKA JESUS QUEZADA HINOJOZA
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing 06/29/23.
Hearing of 06/29/23 will be confirmed.
No appearance required (by VCourt if preferred).

 

PR-22-000246 ESTATE OF JOHN R. ILLINGWORTH
Account Review Hearing:
Final Inventory and Appraisal on file.
A Petition for Final Distribution has been filed and set for hearing 08/01/23.
Hearing of 08/01/23 will be confirmed.
No appearance required (by VCourt if preferred).

 

PR-22-000248 ESTATE OF DIANA MATHISON, AKA DIANA G. MATHISON
Account Review Hearing:
Final Inventory and Appraisal on file.
A Petition for Final Distribution has been filed and set for hearing 07/12/23.
Hearing of 07/12/23 will be confirmed.
No appearance required (by VCourt if preferred).

 

PR-22-000337 ESTATE OF SUSAN ANN HARRIMAN
Account Review Hearing:
Final Inventory and Appraisal on file.
On 11/10/22, 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-22-000355 ESTATE OF ARTHUR VINCENT MONTANO
Inventory Review Hearing:
A Corrected Final Inventory and Appraisal on file.
Recommend court set Account Review Hearing 01/10/24 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

 

PR-22-000948 ESTATE OF ELOISE BARBARA BARBER
Inventory Review Hearing:
Final Inventory and Appraisal on file. A Corrected Final Inventory and Appraisal is required.
•    Total of Attachment 1 reflected on page 1 appears to be incorrect. The total appraisal reflected on the same page appears correct.
•    Statement about the bond omitted from bottom of page 1.
      o    Based on appraisal and estimated encumbrance reflected in the Petition for Probate, current bond appears sufficient.
Recommend court set Account Review Hearing 01/10/24 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

 

PR-22-001102 ESTATE OF STEPHEN NEAL HANSEN, AKA STEPHEN N. HANSEN, STEPHEN HANSEN
Inventory Review Hearing:
Letters issued 12/13/22. Inventory and Appraisal due 04/13/23.
Final Inventory and Appraisal not on file.
Recommend Account Review Hearing 01/10/24 when PrC§12200 Status Report will be due, if Petition for Final Distribution is not on file. See Local Rule 8.82.
Inventory and Appraisal must be filed before next hearing. See Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

 

PR-22-001112 ESTATE OF LESLIE LAWRENCE NEWTON, JR.
Inventory Review Hearing:
Letters issued 12/28/22. Inventory and Appraisal due 04/28/23.
Final Inventory and Appraisal not on file.
Recommend Account Review Hearing 01/30/24 when PrC§12200 Status Report will be due, if Petition for Final Distribution is not on file. See Local Rule 8.82.
Inventory and Appraisal must be filed before next hearing. See Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

 

PR-22-001125 ESTATE OF THOMAS ANTHONY BUENO, AKA THOMAS BUENO, TOM BUENO
Inventory Review Hearing:
Final Inventory and Appraisal on file.
Specific bequests in the Will were not included in the Inventory and Appraisal. Examiner anticipates this will be addressed in the Petition for Final Distribution.
A Petition for Final Distribution has been filed and set for hearing 09/06/23.
Hearing of 09/06/23 will be confirmed.
No appearance required (by VCourt if preferred).

 

PR-22-001151 ESTATE OF CAROL JUNE GRESS
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)].
Appearance by counsel required, to address bond (by VCourt if preferred).

 

PR-22-001152 ESTATE OF RONALD KOFTINOW, AKA RONALD I. KOFTINOW
Inventory Review Hearing:
Inventory Review Hearing:
Letters issued 12/13/22. Inventory and Appraisal due 04/13/23.
Final Inventory and Appraisal not on file.
Personal representative has filed Notices of Proposed Action reflecting that estate assets are being listed for sale.
Recommend continuance to 08/30/23 to allow time for filing Inventory and Appraisal.
Appearance not required (by VCourt if preferred).

 

PR-22-001154 ESTATE OF SUSAN ZAIA
Inventory Review Hearing:
Final Inventory and Appraisal on file.
Recommend court set Account Review Hearing 01/17/24 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

 

PR-22-001191 ESTATE OF BETTY JEAN GREGER, AKA BETTY J. GREGER, BETTY GREGER
Inventory Review Hearing:
Final Inventory and Appraisal on file.
Recommend court set Account Review Hearing 01/10/24 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

 

PR-20-000786 ESTATE OF ISABEL YALLI, AKA ISABELL YALLI
Hearing on Second PrC§12200 Status Report of Administration:
Notice of Hearing does not appear complete pursuant to PrC§12201 on those for whom Assignments of Interest/Waivers of Notice have not been filed.
Recommend continuance to 07/14/23 to allow time for notice.
Appearance not required (by VCourt if preferred).

 

PR-21-000495 ESTATE OF ELOY TONY PADILLA, SR.
Hearing on Petition for Final Distribution, First and Final Account and Report of Administrator:
•    Paragraph 18 of the Petition (omnibus clause) does not appear to describe the correct division between the two heirs. 
      o    Each of those two heirs’ intestate share of the property was 2/9 pursuant to PrC§6401(c)(3). (2/3 divided by 3)
                X    Surviving spouse assigned her 1/3 interest in the decedent’s estate to each of the two heirs in equal shares. This leaves R. Lehmann’s share as [ 2/9 + (1/2 x 1/3) ] = 7/18.
                X    Fourth heir, E. Padilla, assigned his 2/9 share to only of the remaining two heirs. This leaves C. Padilla’s share as [ 2/9 + 2/9 + (1/2 x 1/3) ] = 11/18.
•    Attachment 3 of the Petition (proposed distribution) does not appear to describe the correct division between the two heirs. See note above.
Proposed Order not yet submitted.
Recommend continuance to 08/30/23 to allow time to revise distribution.
Appearance not required (by VCourt if preferred).

 

PR-22-000743 ESTATE OF ORAN DALE SOWELL, AKA ORAN SOWELL
Hearing on Petition for Final Distribution of Estate on Waivers of Accounting; First and Final Report of Executor; Petition for Allowance of attorney and Executor Statutory Fees and Costs:
Recommend approval of Petition and Report.
Recommend Discharge Review Hearing 12/28/23.
Appearance not required (by VCourt if preferred).

 

PR-23-00338 – In the Matter of the C. Erik Gustafson and Ellen C. Gustafson Family Trust
Petition for: (1) An Accounting; (2) A Finding of Breach of Trust; (3) Removal of Trustees; (4) Conversion; (5) Award of Damages; (6) Redress of a Breach of Trust by Any Available Remedy; (7) Denying Trustees’ Fees, Costs and Compensation; and (8) Awarding Petitioner’s Attorney’s Fees and Costs.
If no one appears to object, Petition is recommended for approval subject to choosing a successor trustee and proof of the amount of damages and legal fees and costs.
Appearance not required (by VCourt if preferred).

 

PR-23-000469 ESTATE OF CHRISTIAN GOMEZ GUITRON, AKA CHRISTIAN GUITRON GOMEZ
Hearing on Petition for Letters of Administration:
Affidavit of publication not on file.
Recommend continuance to 07/07/23 to allow time to cure defect.
Appearance not required (by VCourt if preferred).

 

PR-23-000473 ESTATE OF JOAQUIN LOPEZ
Hearing on Petition for Probate of Will and for Letters Testamentary:
•    It does not appear that the Spanish-language copy of the Will attached as Exhibit 3f(2) included a copy of the page (which appears itself to be a photocopy) bearing the actual signatures of the decedent and witnesses attached to the back of the notarized Will (that was lodged).
•    The page bearing the actual signatures of the decedent and witnesses, attached to the back of the notarized Spanish-language Will lodged with the court, appears to be a photocopy and not the original signed page.
•    Will is not self-proving per Local Rule 8.23.  Proof of Subscribing Witness (form DE-131) not on file.
•    Form DE-147 Duties and Liabilities not on file.
•    Form DE-121 Notice of Petition to Administer Estate not on file.
      o    It does not appear that Form DE-120 may be used for this purpose, as DE-121 was adopted by the Judicial Council for mandatory use, and complies with PrC§8100.
•    Affidavit of publication not on file.
•    Form DE-140, Proposed Order, not submitted.
Recommend continuance to 08/30/23 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-23-000479 ESTATE OF ESPERANZA VARGAS
Hearing on Petition for Probate of Will and for Letters Testamentary:
Heading of Petition page 1 omitted checkmark in box for Authorization to Administer Under the Independent Administration of Estates Act.
•    Need new Letters: Oath was dated prior to verification on petition (PrC§8403).
•    Form DE-121 Notice of Petition to Administer Estate not on file.
•    Affidavit of publication not on file.
•    Form DE-140, Proposed Order, not submitted.
Recommend continuance to 07/07/23 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-23-000480 ESTATE OF PATRICIA ANN DODD
Hearing on Petition for Letters of Administration:
Petition item 1 omitted name of newspaper where notice is to be published.
Petition item 3c omitted county of decedent’s residence at time of death.
•    Form DE-121 Notice of Petition to Administer Estate not on file.
•    Affidavit of publication not on file.
•    Forms DE-140 and DE-150, Proposed Order and Letters, not submitted.
Recommend continuance to 07/07/23 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-23-000485 ESTATE OF JOHN TSAN-TAO LIN
Hearing on Spousal Property Petition:
•    Attachment 7 omitted. Please see item 7 and Local Rule 8.98. The Local Rules for this court may be downloaded here: https://www.stanislaus.courts.ca.gov/general-information/local-rules-fe… 
•    Decedent’s original Will does not appear to have been lodged with the Civil Clerk’s Office. 
•    Will is not self-proving per Local Rule 8.23.  Proof of Subscribing Witness (form DE-131) not on file.
•    Notice of Hearing (Form DE-120) not on file.
•    Proposed Order (Form DE-226) not yet submitted.
Consider visiting the California Courts Self Help page at https://www.courts.ca.gov/42629.htm and downloading forms from https://www.courts.ca.gov/forms.htm
Appearance by Petitioner (self-represented) required (by VCourt if preferred).