Probate Notes
Probate Examiner and 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 JANUARY 6, 2026
Local Rules of Superior Court of California, County of Stanislaus, revisions effective January 1, 2026, are now available for download.
UPDATED SEPTEMBER 18, 2025; POSTED MARCH 5, 2025
Inventory and Appraisals: An Inventory and Appraisal must be filed in all decedent's estates, conservatorship, and guardianship matters by a date certain pursuant to statute. If the estate has no assets at all as of the date of the appraisal (e.g., the date of decedent's death, or the date of appointment), an Inventory and Appraisal is still required and failure to file the form even when the estate has no value will very likely result in a required court appearance. For more information, those interested are invited to review the California Probate Referee Guide published by the California Probate Referee's Association, which is available for download online.
If more time is needed to marshal the assets, please see California Probate Code section 8800(b) and (c). Failure to file the Inventory and Appraisal by the statutory deadline, or obtain an extension of time, may result in penalties.
If the Inventory and Appraisal has been submitted to the probate referee but not filed prior to the Inventory Review date, the Personal Representative, or their retained counsel, may file a declaration attesting to these facts and provide an anticipated timeframe for filing. The Court may, in its discretion, continue the Inventory Review hearing without required appearances.
POSTED JULY 15, 2025
Probate customers may view the documents in the court's files online by accessing the Case Search Portal on the court's website. Access to view confidential documents remains restricted.
POSTED DECEMBER 16, 2024
Please visit the new Probate Examiner's Corner section of the Probate Division webpage where you will find news, reminders, and guides!
POSTED SEPTEMBER 29, 2022, UPDATED 12/02/22
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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.
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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.
Probate Notes
WEDNESDAY, APRIL 08, 2026
No decedent's estates or trust matters on calendar.
THURSDAY, APRIL 09, 2026
No decedent's estates or trust matters on calendar.
FRIDAY, APRIL 10, 2026
No decedent's estates or trust matters on calendar.
MONDAY, APRIL 13, 2026
Department 22
There are no decedent's estates or trusts on calendar
TUESDAY, APRIL 14, 2026
Department 22
8:30 a.m.
PR-22-001172 ESTATE OF BRENDA GAIL MILLER
Account Review Hearing:
On 10/01/25, the court directed personal representative to file Judicial Council Form MC-040, Notice of Change of Address or Other Contact.
• Notice of Change of Address not yet on file.
• Neither Petition for Final Distribution nor PrC§12200 Status Report are on file at the time of review. See Local Rule 8.82.
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 08/13/26 to allow time for filing of above pleadings.
If neither pleading is on file by the next hearing date, the court may issue an order to show cause for personal representative to appear pursuant to PrC§12202.
Appearance not required (by VCourt if preferred).
PR-23-000443 ESTATE OF CRAIG GERARD COKER, AKA CRAIG G. COKER
Inventory Review Hearing:
Letters were issued 10/23/25. Final Inventory and Appraisal was due 02/23/26.
Inventory and Appraisal not on file.
The personal representative filed a “Status Report” 03/16/26, which includes a request for continuance of this and the hearing on the petition to establish ownership to 05/06/26, to coincide with the hearing set in related matter PR-26-000236. No proof of service of the Status Report was attached or filed separately. The report appears therefore to constitute ex parte communication.
Hearing on Petition to Establish Probate Ownership of Property continued from 01/15/26:
Prior Notes remain:
• Recommend court require points and authorities as to utilization of PrC§850 procedure since, as petitioner states, while the decedent “may have intended for the [assets] to be disposed of pursuant to the terms of his 2004 Trust, the terms of said trust are unknown, thus making the administration of the trust impossible.” Petitioner in the petition appears to allege that the decedent was aware that all the assets were part of the Trust, had the opportunity to address the issue, and, for reasons unknown to petitioner, chose not to. What “claim” did decedent have in this instance purs. to PrC§850(a)(2)(D)? [See alternative legal remedy in PrC§§17200(c)(10), 17200(c)(13), 17206, 15407(a)(4), 15410(d).]
• Please provide legal descriptions of all real property assets in the body of the petition.
• Please provide documentation to support petitioner’s allegation that the Bank of America account is held in the name of the Trust. Was petitioner not able to attach redacted copies of the documents described in lines 10-14 on page 4 of the petition as an Exhibit?
• Please provide a verified supplement (see CRC rules 7.3 and 7.53) alleging if there are any pay-on-death beneficiaries of the financial accounts. If the court were to find that these assets belonged to decedent at the time of death and not the Trust, assets with POD beneficiaries would not be part of this estate.
• It appears premature for the court to approve petitioner’s request as to the U.S. Bank accounts, given petitioner’s allegation that the institution has not cooperated in confirming the existence, let alone providing account numbers, of any accounts belonging to the Trust. What is petitioner’s request as to these accounts? It’s not clear in the petition.
The petitioner filed a “Status Report” 03/16/26, which includes a request for continuance of this and the Inventory Review Hearing to 05/06/26, to coincide with the hearing set in related matter PR-26-000236. No proof of service of the Status Report was attached or filed separately. The report appears therefore to constitute ex parte communication.
Recommend continuance to 05/06/26 as requested by the personal representative/petitioner.
Appearance not required (by VCourt if preferred).
PR-23-000749 MATTER OF ARLETE B. HEMPHILL 2021 REVOCABLE TRUST
3) Hearing on Petition for (1) Order Granting Court Instruction to Trustee with Regard to the Administration of the Trust and its Termination in Case of Automatic Termination by Operation of Law in Order to Align Administration of the Trust with the Intent of the Settlor and the Purpose of the Trust; and (2) Dismissal of Entire Trust Action Against William Hemphill filed 04/17/25 by Successor Trustee William Hemphill continued from 08/27/25, 10/30/25, 02/24/26:
Objection filed – 05/19/25 by Catherine Hemphill.
Objection filed – 10/14/25 by Robert Hemphill.
On 10/30/25, the court directed petitioner to give notice of hearing to the buyers, “the Alvarados”. Notice of Hearing file-marked 11/17/25 appears defective as it gave the incorrect hearing of this continuance. The Minute Order of 10/30/25 did not state the continuance date of this matter (only the setting of the hearing on 12/18/25 on an Order to Show Cause), however, the Minute Order issued 12/12/25 ordered the hearing on this petition be reset to 02/24/26.
Notice of Hearing not on file. Recommend court set deadline for notice to be perfected or the petition will be stricken.
2) Hearing on Petition for an Accounting and Breach of Trust filed 12/18/24 by Robert Hemphill continued from 04/29/25, 08/27/25, 10/30/25, 02/24/26:
Notice appears complete.
Objection filed – 04/14/25 by Successor Trustee William Hemphill.
A separate Response, with First and Final Accounting, and Request for Approval of Accounting was filed 02/23/26, also by Successor Trustee William Hemphill. If any filer wishes the court to approve an Accounting, the Accounting ought to be filed as its own separate pleading not attached to a Response, as a Response is itself only a reply to another cause of action and not a cause of action of itself; the Accounting would need to be set for hearing by the clerk’s office so that notice of hearing may be given. Notice of hearing file-marked 02/25/26 reflects notice was given only to Julie A. Alvarado and Mark Samule Alvarado.
Possible long-cause matter.
1) Hearing on Petition for Accounting, Breach of Trust, and Double Damages filed 07/18/23 by Catherine Hemphill continued from 10/17/23, 02/06/24, 04/23/24, 06/13/24, 09/17/24, 01/16/25, 04/29/25, 08/27/25, 10/30/25, 02/24/26:
Objection filed – 03/12/24 by Successor Trustee William Hemphill.
A separate Response, with First and Final Accounting, and Request for Approval of Accounting was filed 02/23/26, also by Successor Trustee William Hemphill. If any filer wishes the court to approve an Accounting, the Accounting ought to be filed as its own separate pleading not attached to a Response, as a Response is itself only a reply to another cause of action and not a cause of action of itself; the Accounting would need to be set for hearing by the clerk’s office so that notice of hearing may be given. Notice of hearing file-marked 02/25/26 reflects notice was given only to Julie A. Alvarado and Mark Samule Alvarado.
Possible long-cause matter.
Need status of discovery.
Appearance by counsel required (by VCourt if preferred).
PR-24-000253 ESTATE OF ADELINA CELIS FLORES
Account Review Hearing:
See Local Rule 8.82. Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
Recommend court order co-personal representatives 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 08/19/26 to allow time for filing of above pleadings. If neither pleading is on file by the next hearing date, the court may issue an order to show cause for personal representative to appear pursuant to PrC§12202.
Appearance not required (by VCourt if preferred).
PR-24-000579 ESTATE OF JAMES EDWIN McGUY
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 08/19/26 to allow time for filing of above pleadings. If neither pleading is on file by the next hearing date, the court may issue an order to show cause for personal representative to appear pursuant to PrC§12202.
Appearance not required (by VCourt if preferred).
PR-24-001251 ESTATE OF IRMA J. KAELEMAKULE
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 08/19/26 to allow time for filing of above pleadings. If neither pleading is on file by the next hearing date, the court may issue an order to show cause for personal representative to appear pursuant to PrC§12202.
Appearance not required (by VCourt if preferred).
PR-25-000083 MATTER OF DONALD LARRY LILLEGARD AND DENISE LOUISE LILLEGARD 2002 TRUST
Hearing on First Amended Petition (file-marked 06/11/25) to Compel Account or Report continued from 06/04/25, 11/19/25:
Objection filed – 10/31/25, by Respondent/Trustee.
“Trustee’s Report and Account” was filed and set for hearing on 05/12/26.
Recommend continuance to 05/12/26 to coincide with hearing on the Accounting.
Appearance not required (by VCourt if preferred).
PR-25-000818 ESTATE OF MARY LOU LEE
Inventory Review Hearing:
Letters Issued 10/08/25. Inventory and Appraisal due 02/08/26.
Inventory and Appraisal not on file at time of review.
Recommend continuance to 08/06/26 to allow time to file above pleading.
Appearance not required (by VCourt if preferred).
PR-25-000945 ESTATE OF ANITA EARLY
Inventory Review Hearing:
• A Final Inventory and Appraisal and an Amended Final Inventory and Appraisal are on file; neither document reflects the same date of death as the Order for Probate file-marked 10/07/25 (January 10, 2022).
If the date of death is correct in the Order but not in the Amended Inventory and Appraisal, a Corrected Final Inventory and Appraisal appears required. If the date of death is incorrect in the Order for Probate, recommend court order personal representative to file ex parte for an amended Order for Probate if the date of death in the Order was incorrect, including a copy of the decedent’s death certificate as an attached exhibit. See Probate Code section 8006(b) and the Supplement to the original petition, file-marked 09/29/25.
• A Petition for Final Distribution has been filed and set for hearing 05/19/26. The second line of the petition reflects the wrong date of death for decedent.
Appearance by personal representative (self-represented) required (by VCourt if preferred).
PR-25-000956 ESTATE OF JAMES COWAN
Inventory Review Hearing:
Letters Issued 02/19/26. Inventory and Appraisal due 06/19/26.
Inventory and Appraisal not on file at time of review.
Recommend continuance to 08/06/26 to allow time to file above pleading.
Appearance not required (by VCourt if preferred).
PR-24-000282 ESTATE OF ELIZABETH C. ESQUIVEL
Hearing on PrC §12200 Status Report:
Notice appears complete.
Recommend court set a further Account Review Hearing 08/26/26.
Appearance not required (by VCourt if preferred).
PR-24-000596 ESTATE OF FLOYD D. GOODMAN
Hearing on Report of Administration; Petition for Final Distribution; for Order on First and Final Account; for Approval of Statutory Personal Representative’s Fees; for Approval of Statutory Attorneys’ Fees; for Approval of Costs; for Extraordinary Fees:
• Notice of Proposed Action, with affidavit of mailing attached, not on file pursuant to Local Rules 8.83 N and 8.100.
• Need schedule of proposed distribution. See Local Rule 8.83M.
Recommend continuance to 05/08/26 to allow time to cure the above defects.
Appearance not required (by VCourt if preferred).
PR-24-001333 ESTATE OF OWYN BLAKEMORE, AKA OWYN OLIVER BLAKEMORE
Hearing on Petition for Final Distribution on Waiver of Accounting and for Allowance of Statutory Compensation to Attorneys:
Please be aware in future Notes that paragraph 9 the Report does not appear sufficiently detailed pursuant to PrC§9202(b) (knowledge of personal representative or estate attorney).
Recommend approval of petition.
Need new proposed Order:
• Setting forth the specific distribution and omnibus clause; reference to the petition and/or will is inadequate.
• Reflecting the correct date Letters were issued: 03/03/25 (paragraphs 5 and 8 on page 2).
• Reflecting the correct hearing date (heading omitted year, line 28 on page 1 states the incorrect date).
Recommend Discharge Review Hearing 10/22/26 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-26-000058 BELMIRA JOSEPHINE LOPES LIVING TRUST
Hearing on Petition for Order Confirming Successor Trustee and Trust Asset (Probate Code section 850(a)(3):
• Notice of Hearing file-marked 02/02/26 does not appear compliant with PrC§§851(c)(1) or (3). Please see Judicial Council Form DE-115, adopted for mandatory use for this purpose pursuant to PrC§851(c).
• Proposed Order not yet submitted.
Please provide the following information for the Petition:
• Please include additional information in Paragraph 6, Page 2 (parties interested in the trust/asset) to identify if beneficiaries are minors or adults.
• The assessor’s parcel number was omitted from Paragraph 4.
• Petition does not appear to allege that venue is proper in this county (PrC§17005).
• Please provide copy/copies of prior recorded grant deed(s) reflecting the chain of title back to the time that the decedents first obtained title to the real property.
See California Rules of Court rules 7.3 and 7.53 regarding the types of pleadings that may be used to address these defects.
Recommend continuance to 08/11/26 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-26-000062 BERRY FAMILY TRUST
Hearing on Petition for Order Modifying Trust Income Beneficiary and Trust Name:
• Paragraph 20a appears ambiguous. Please provide more detail describing the “net income” from the exemption trust, the exact mechanics of proposed income distributions/payment schedules to the trust beneficiary and the proposed effective date of this modification.
• Proposed order not yet submitted.
Recommend continuance to 06/12/26 to allow time to provide further clarification.
Appearance not required (by VCourt if preferred).
PR-26-000167 ESTATE OF MARY LYNN SCHELIN; AKA MARY LYNN AMO
Hearing on Petition to Determine Succession to Primary Residence:
• Attachment 11 did not include petitioners’ statement including facts showing the property was decedent’s primary residence in California [see petition item 11(2)].
• Attachment 11 did not include facts showing the asset was decedent’s separate property [see petition item 11(3)].
• Copy of recorded grant deed showing current title was not attached or provided on separate pleading. See Local Rule 8.99 and California Rules of Court rule 7.3..
• Proof of mailing not on file for the Department of Health Care Services, nor Declaration that notice is not required (see Local Rule 8.17 and PrC§215).
• Proposed Order not yet submitted.
Recommend continuance to 05/15/26 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-26-000185 ESTATE OF CORANDO JOE DELEON, AKA CORANDO J. DE LEON, CORANDO J. DELEON
Hearing on Spousal Property Petition:
If no one appears to object, recommend approval of petition.
Appearance not required (by VCourt if preferred).
WEDNESDAY, APRIL 15, 2026
Department 22
8:30 a.m.
445058 MATTER OF ERIC PIERCE SPECIAL NEEDS TRUST
Account Review Hearing continued from 01/07/26:
Seventh Account and Report of Trustee not on file at time of review.
Recommend court issue Order to Show Cause to Trustee to appear and show cause why surcharge should not be imposed, and/or the Trustee removed, for failure to present Account.
Appearance by Trustee and Trustee’s counsel mandatory (by VCourt if preferred).
PR-18-000251 ESTATE OF AIMEE CRAWFORD, AKA AIMEE EDDINGTON
Account Review Hearing on retained funds pursuant to Local Rules 8.68, 8.92 continued from 04/15/25:
Nothing filed in more than a year.
Neither receipts nor a verified supplement regarding retains is on file purs. to the above two Local Rules.
Appearance by personal representative (self-represented) required (by VCourt if preferred).
PR-23-000936 ESTATE OF SHARON LEE WYNNE
Account Review Hearing:
PrC §12200 Status Report filed and set for hearing 05/20/26.
Hearing of 05/20/26 will be confirmed.
Appearance not required (by VCourt if preferred).
PR-24-000825 ESTATE OF DORIS COETTA BELL, AKA DORIS COETTA RAMBO
Inventory Review Hearing continued from 10/03/25, 10/17/25:
Letters issued 01/14/26. Final Inventory and Appraisal not due until 05/14/26.
While the personal representative was self-represented and before Letters were issued, she filed an Inventory and Appraisal reflecting multiple financial accounts, totaling more than $250,000.00. This court ordered all funds deposited in a blocked account. A receipt of deposit is not yet on file.
Recommend continuance to 06/12/26 to allow time for I&A and receipt to be filed.
Appearance not required (by VCourt if preferred).
PR-24-000916 ESTATE OF BETH KINCAID
Account Review Hearing continued from 12/03/25:
On 12/03/25, the Court directed personal representative to pay remaining $140.00 filing fee forthwith and give Notice of Hearing of the continued hearing pursuant to PrC§12201. Filing fees have been paid and Notice of Hearing is on file.
Petition for Final Distribution has been filed and set for hearing on 06/25/26.
Hearing of 06/25/26 will be confirmed.
Appearance not required (by VCourt if preferred).
PR-24-001297 ESTATE OF KATHLEEN RAE WOSICK
Inventory Review Hearing continued from 07/30/25, 12/03/25:
Multiple Inventory and Appraisal Forms filed.
• Two Supplemental I&A’s were filed, on 03/27/26 and 04/06/26. The two documents appear identical (same assets, same appraisal values, Referee’s signature appears identical and has the same date), however the signatures and the dates of the signatures by the personal representative and her attorney differ. This must be addressed.
• Inventory and Appraisal Forms omit characterization of decedent’s property (separate, community, or quasi-community) [PrC§8850(c)]. This information will be needed prior to the closing of the estate.
A Status Report of Administration has been filed and set for hearing 05/07/26. Notice of Hearing is not yet on file. See PrC§12201.
Hearing of 05/07/26 will be confirmed.
Appearance not required (by VCourt if preferred).
PR-25-000139 ESTATE OF ARMANDO CRUZ, AKA ARMANDO J. CRUZ
Inventory Review Hearing:
Letters issued 10/13/25. Inventory and Appraisal due 02/13/26.
Final Inventory and Appraisal not on file. See Local Rule 8.41 B, Probate Code section 8800 et seq.
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 and please review your responsibilities in the Duties and Liabilities, Form DE-147, you signed and filed.
Appearance by Administrator (self-represented) required (by VCourt if preferred).
PR-25-000167 ESTATE OF LINCOLN WACHIRA WAITIKI
Inventory Review Hearing continued from 10/08/26:
Nothing filed since previous hearing. Prior Notes remain:
Letters were issued 04/08/25; Inventory and Appraisal was therefore due 08/08/25.
On 10/08/25, the court directed that the Inventory and Appraisal must be filed before this hearing, and that a PrC§12200 Status Report would be due, if Petition for Final Distribution is not on file. Neither Final Inventory and Appraisal, 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:
• 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).
Recommend court compel Personal Representative to file the Final Inventory and Appraisal pursuant to Probate Code § 8804 or face possible sanctions including removal from office.
Appearance by Administrator and Administrator’s counsel required (by VCourt if preferred).
PR-25-000479 ESTATE OF DONALD RAY HEFFNER, AKA DONALD R. HEFFNER, DON HEFFNER
Inventory Review Hearing:
Final Inventory and Appraisal on file.
• Item 5 was left blank (re: change of ownership statement); Property Tax Certificate [Probate Code 8800(d)] may be necessary.
Recommend Account Review Hearing 12/16/25 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).
PR-25-000969 ESTATE OF PATRICIA ANN CHIPPONERI, AKA PATRICIA A. CHIPPONERI
Inventory Review Hearing:
Final Inventory and Appraisal on file.
A Petition for Final Distribution has been filed and set for hearing 06/10/26.
Hearing of 06/10/26 will be confirmed.
Appearance not required (by VCourt if preferred).
PR-25-001148 JOHN AND LUPE OROZCO FAMILY TRUST
Hearing on Petition for Instructions and for Approval of Reimbursement of Attorney’s Fees and Costs from Trust Principal; Request for Offsets, Discretionary Allocation of Taxable Costs, Accounting-Coordination Directive, and Ancillary Relief continued from 02/25/26:
REVIEW IN PROGRESS. PLEASE CHECK BACK.
PR-22-001064 ESTATE OF CLARA CONSTANCE NUNES, AKA CLARA C. NUNES
Hearing on Third Party Richard J. Perry’s Motion to Determine Stolen Property:
SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/…
PR-24-001197 ESTATE OF JEFFREY A. ELWESS
Hearing on Waivers of Accounting; Report of Administration; Allowance of Compensation to Administrator for Ordinary Services; Allowance of compensation to Attorney for Ordinary Services; Request for Reimbursement to Attorney for Costs Advanced; and Petition for Final Distribution:
• Notice of Hearing not on file (PrC §§ 10830, 11000, 11601).
• A copy of a Waiver of Accounting was attached to the pleading as an exhibit; the Waiver must be filed. See PrC§10954.
• The pleading does not reflect if personal representative in her capacity as one of the heirs of this estate signed Waiver of Account.
• Exhibit B was described in the petition as the legal description of the real property; Exhibit B attached appears to be one page of the Inventory and Appraisal bearing the Probate Referee’s signature.
• Proposed Order not yet submitted.
Recommend continuance to 06/26/26 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-25-000287 ESTATE OF AARON PATRICK WALSH
Hearing on PrC§12200 Status Report of Administration:
Prior Notes remain: Letters were issued 09/02/25; Inventory and Appraisal was therefore due 01/02/26. Final Inventory and Appraisal not on file.
This Report indicates that the PR had still not submitted the I&A to the Referee as of the date of signature, 02/23/26, but anticipated it would be submitted to the Referee by 03/15/26. The Report does not appear to explain the cause for delay.
• Notice of Hearing not yet on file (see PrC§12201) including creditors (PrC§48).
Recommend court order personal representative to perfect notice pursuant to PrC§12201 before the next hearing or surcharge may be imposed. If the Petition for Final Distribution is filed prior to the next hearing, the next hearing may be vacated.
Recommend continuance to 06/12/26 to allow time for notice.
Appearance not required (by VCourt if preferred).
PR-25-000690 ESTATE OF LOUIS JAMES STAUB
Hearing on First and Final Account and Report of Administrator; Petition for Order: 1. Settling Account and Approving Report of Administrator; 2. Allowing Statutory Attorneys’ Compensation and Reimbursement of Costs; and 3. For Final Distribution:
• Please provide copies of supporting documentation regarding the Administrator’s request for reimbursement for expenses outlined on Exhibit D, e.g.: invoices noted as paid, receipts, mortgage statements, or as a last resort – copies of financial account statements with all but the last four digits of the account number redacted purs. to California Rule of Court.
• Please note: cost of mailing/postage ($1.10) is not a reimbursable cost.
o May need to supplement petition to modify proposed distribution.
See California Rules of Court rules 7.3 and 7.53 regarding the types of pleadings that may be used to address these issues.
• Proposed order not yet submitted.
Recommend continuance to 06/12/26 to allow time to provide the above information.
Appearance not required (by VCourt if preferred).
PR-26-000073 MATTER OF DONALD AND MARY ANN MCBRIDE LIVING TRUST, AKA TRUST OF MARY ANN MCBRIDE
Hearing on First Amended Verified Petition to Compel Accounting; for Removal of Trustee; for Instructions; and for Other Relief:
• Notice of Hearing file-marked 02/04/26 gave notice of the wrong address for this court. Department 22 is located on the sixth floor of 801 10th Street, Modesto, and the clerk’s office is located on the fourth floor of the same building. Notice is therefore defective.
• Notice of Hearing not on file for the Trustee. Purs. to PrC§1214, notice must be given on the person as well as their attorney when they are represented by counsel.
• Exhibits B, C, D, E, F, G, and H were not attached, nor were they separately filed contemporaneously with or after the Amended Petition. Any Declarations or Supplements filed after the original petition applied to the original petition, and were superseded by the filing of this Amended Petition.
• Petitioner asks the court to supervise temporary removal and preservation of personal property that is allegedly located inside real property that may have already been transferred out of the Trust by Trustee pursuant to the terms of the Trust: Who is the current deeded owner of the real property?
• The petition alleges wrongdoing by the Trustee but does not appear to establish the statutory framework that shows why what Trustee did was inappropriate, or why her acts or failure to act are grounds for the relief sought. Recommend court require petitioner to file points and authorities:
o Regarding a request for removal of Trustee. What are the statutory grounds on which petitioner bases her request for removal of the Trustee, and what specific alleged acts provide the factual foundation for each statute?
o Regarding Trustee’s lack of authority and order to produce “appointment” documents; the petitioner does not appear to argue the validity of the Third Amendment to the Trust, in which the current Trustee was identified as the current Trustee and which the current Trustee signed, thus apparently accepting the trust pursuant to PrC§15600. What is petitioner’s legal argument?
Response filed – 03/20/26, by Trustee Monica Ramos. The Response does not appear to oppose, object to, or respond to any of the relief sought in the petition; rather the “Response” independently asks the court to approve the accounting attached and the proposed distribution “in accordance with” the unsigned “Receipt of Distribution” attached as part of Exhibit A. See PrC§16063(b).
• Due to the Trustee’s labeling of the Account and Petition for its Approval purs. to PrC§1064(B) as a “Response to” the present petition, the clerk’s office did not set the Accounting for hearing and the Trustee has not filed proof of Notice of Hearing on her petition to approve the accounting. See also CRC rule 7.102.
• The Account did not include the contents required by PrC§1064.
• The “petition” and “prayer” in the pleading do not describe the proposed distribution; reference to the attachments alone is inadequate. The prayer ought to independently contain the entire relief sought.
Appearance by petitioner (self-represented) and Respondent’s counsel required (by VCourt if preferred).
PR-26-000191 ESTATE OF JOSEPH B. ZIA
Hearing on Spousal Property Petition:
Attachment 7 includes petitioner’s allegation that the petitioner and the decedent may have considered and treated the real property as though it were community property, but Attachment 7 and Exhibit C of the petition appear to demonstrate that all four parcels of real property were decedent’s separate property and both decedent and the petitioner were aware of that fact. The rest of the file reflects that it is petitioner’s intent to have the court determine that the four parcels pass to petitioner pursuant to PrC§§6401 and 13500 et seq.
Recommend court direct the petitioner to amend the petition to request only that the court determine 100% of the property pass to the surviving spouse, rather than also requesting that the court confirm 50% of the property belonging to surviving spouse purs. to PrC§100, as the petitioner does not appear to have demonstrated that the real property is community property (petition items 1a and 7a alone, and not items 1b and 7b).
Recommend continuance to 06/10/26 to allow time for amended petition to be filed and notice given purs. to CRC rule 7.53.
Appearance not required (by VCourt if preferred).
PR-26-000194 ESTATE OF MARIA FATIMA RAPOSO, AKA MARIA F. RAPOSO
Hearing on Petition to Determine Succession to Primary Residence:
If no one appears to object, recommend court find notice complete and approve the petition.
Appearance not required (by VCourt if preferred).