Probate Notes

Probate Examiners, Anne Holsinger and Michelle Warren, may be reached at Probate.Examiner@stanct.org . Telephone calls can be directed to the Probate Unit as set forth above. Emails must have the case identification information and hearing time/date in the subject line. No attachments will be opened. The Probate Examiner can only respond to inquiries regarding the meaning of comments in the notes. Please do not email to notify that documents have been filed, to request a confirmation whether documents have been received, or to request the clearing of notes. No legal or procedural advice may be given by the Probate Examiner in response to your email.

• It is the goal of the Probate Examiner to have Probate Notes posted five (5) calendar days prior to the hearing.
• Defects described in the Probate Notes must be corrected prior to approval of the moving papers. 
• If you are filing documents to cure technical defects, they should be filed NO LATER THAN FIVE COURT DAYS before the hearing.  Later-filed documents might not be reviewed prior to the hearing and could result in a continuance of your case.

Probate Notes will be updated as needed when late-filed documents are reviewed.  Please note:  Late-filed documents that do not contain the hearing date in the caption require more time and effort to be matched to the files.  This may result in an otherwise avoidable continuance.

---

Please Note: "Appearance not required (by VCourt if preferred)."

This language indicates that no one is required to appear at the hearing.  Probate hearings are open to the public, however, and anyone who wishes to observe a proceeding may do so. Appearances in most cases may be made in person or remotely, by telephone, using VCourt. For more information on how to appear by VCourt, please see the section "Remote Telephonic Hearings" on the home page of this website.

POSTED OCTOBER 15, 2024
To those in the probate community who handle or assist with Conservatorships: Please take care to learn about the upcoming revision to Judicial Council Form GC-355 and new attachment Form GC-355A which will become effective January 1, 2025, and the new requirements for that form based on Senate Bill 280.

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

• Please help expand the list of qualified counsel willing to accept appointment in Probate matters, as either court-appointed counsel in Conservatorships pursuant to PrC§1471, Guardians ad litem, successor personal representatives in decedents' estates, and successor trustees. 

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

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

POSTED AUGUST 2, 2021

• 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. 

WEDNESDAY, NOVEMBER 20, 2024
Department 22
8:30 a.m.

2201024 ESTATE OF KEVIN D. SILVA 
(1)    Account Review Hearing:

•    Neither Petition for Final Distribution nor (Second) PrC§12200 Status Report are on file at the time of review.  See Local Rule 8.82. 

(2)    Trial Readiness Conference:

Hearing required
Appearance by counsel mandatory (by VCourt if preferred).

PR-21-000344 ESTATE OF RUDOLPH REYES
Account Review Hearing:

Hearing on PrC§12200 Status Report of Administration continued from 09/25/24:
•    Notice of Hearing was filed late, the day prior to the last hearing, and not processed until after the prior hearing was held. As Notice did appear to have been complete when the court held the hearing on 09/25/24 although proof was not filed until after, recommend court find notice to have been complete and allow estate to remain open.
Recommend court allow estate to remain open and continue Account Review Hearing to 01/08/25.

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, 03/19/24, 06/18/24, 08/09/24:
Answer filed – 01/23/23. 
Matter had been continued for adequate notice to be given. Person remaining to be given notice was a deceased heir. Court set this hearing as a last continuance for petitioner 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 (PrC§§11952, 13006, 11802). The Declaration was filed on 03/25/24, however no proof of service was attached or filed separately.
Respondent filed a Declaration on 08/06/24 requesting a continuance, however no proof of service was attached or filed separately.

As of 11/13/24, there has been no proof of service of the 03/25/24 Declaration which would have cleared the only remaining defect (perfection of notice). The court on 08/09/24 explicitly directed both counsel and the self-represented Administrator to ensure adequate service of all pleadings.

Recommend court order that this shall be the last continuance for perfection of notice of the Partition Complaint and that failure to file proof of service of the 03/25/24 Declaration on Respondent and his attorney will result in dismissal of the Complaint.
Recommend continuance of Complaint Partition to 01/08/25, to coincide with hearing on petition to administer the estate of decedent’s late daughter.
No appearance required (by VCourt if preferred). 

PR-22-001133 ESTATE OF KIM LUANA CHENAULT, AKA KIM L. CHENAULT, KIM CHENAULT, KIM LUANA WEBSTER, KIM L. WEBSTER
Hearing on Order to Show Cause issued 08/16/24 to Administrator:
•    Order to Show cause will be discharged as Administrator filed a Petition for Final Distribution.
Account Review Hearing continued from 05/23/24, 08/16/24:
A Petition for Final Distribution has been filed and set for hearing 02/27/25.
Hearing of 02/27/25 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-23-000245 ESTATE OF BERNARD PASION DE JESUS, AKA BERNARD DE JESUS
Account Review Hearing:
The pleading file-marked 10/21/24, titled a PrC§12200 Status Report, may not be considered as such for the following issues:
•    Report was not verified by the personal representative.
•    Filer failed to pay the $200.00 filing fee.
•    Paragraph 5 does not appear to anticipate the change to Local Rules 8.68 and 8.92 which are due to take effect on 01/01/25. Counsel is encouraged to download a copy of the proposed Local Rule changes available on the court’s website.
•    Pleading was not set for hearing by the clerk’s office and thus no notice purs. to PrC§12201 was given.
Recommend court order personal representative to prepare and verify a new PrC§12200 Status Report that takes into consideration all of the above Notes within 30 days (if a Petition for Final Distribution is not on file). Failure to do so may result in the court holding a PrC§12202 hearing and requiring personal representative to be present.
Matter will be continued to 04/09/25 to ensure compliance.
Appearance not required (by VCourt if preferred).

PR-23-001002 ESTATE OF ALFRED E. COOK
Account Review Hearing:
Final Inventory and Appraisal on file.
Petition for Final Distribution has been filed and set for hearing 02/06/25.
Hearing of 02/06/25 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-24-000368 ESTATE OF ROBERT A. LOTT
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 08/20/25 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-24-000372 ESTATE OF LAVERNE BARBARA GEORGE
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 07/22/25 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-24-000490 THE CANTERO FAMILY TRUST
Hearing on Amended Petition to Invalidate Purported, Amended and Restated Trust for Forgery (file marked 09/06/24) continued from 08/07/24:
Objection to Amended Petition (filed 10/07/24 – by Charles Maurice Howard).
On 08/07/24, court ordered status report to be filed 5 days before next hearing.  Status report filed 11/19/24 indicates parties have reached an agreement settling all issues. 
Court will continue this matter to 04/10/25 to allow time to file a settlement agreement.
Appearance not required (by VCourt if preferred).

PR-23-000502 ESTATE OF GEORGE LOUIS WANNER
Hearing on First and Final Account and Report of Administrator and Petition for its Settlement, for Allowance of Reimbursement to Administrator, for Statutory Compensation to Administrator and Attorney for Ordinary Services, for Compensation to Attorney for Extraordinary Services, and for Final Distribution:
The court will approve the Report and Petition, with the modification that extraordinary compensation will be approved in the reduced amount of $3,900.00.
The court will set a Discharge Review Hearing for 06/12/25.
Appearance not required (by VCourt if preferred).

PR-23-000956 ZELPHA ROBINSON TRUST
Related case PR-19-000113
Hearing on Second Trust Account and Report and Petition for Approval and Compensation to Trustee and Attorney:
Notice appears complete.
Recommend approval of petition.
Recommend vacate 12/02/25 Account Review Hearing and reset it for 12/02/2026 for receipt of Third Report and Account.
Appearance not required (by VCourt if preferred).
 

PR-23-001221 ESTATE OF DENISE VARGAS, AKA DENIZ VARGAS
Hearing on Petition for Final Distribution on Waiver of Account and for Allowance of Statutory Attorney’s Fees:
•    Caption of pleading and notice thereon did not include report of administration as required by PrC§10954(c). 
•    Paragraph 7d the pleading does not appear sufficiently detailed pursuant to PrC§9202(b) (knowledge of personal representative or estate attorney).
•    Petition does not include the specific proposed distributions, only the percentage entitlement of each heir.
•    Proposed Order: Judge’s signature line was pre-dated, please submit a new proposed Order without a date of the Judge’s signature.
Recommend continuance to 01/24/25 to allow time to cure defects.
Recommend court vacate Account Review Hearing of 03/25/25.
Appearance not required (by VCourt if preferred).

PR-24-001127 ESTATE OF MARILYN ANN METTLER, AKA MARILYN A. METTLER, MARILYN ANN MONTGOMERY
Hearing on Petition for Probate of Will and for Letters Testamentary:
Notes has been cured.
Recommend approval of petition and admission of will to probate.
Recommend Inventory Review Hearing 05/20/25 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-24-001128 ESTATE OF SARENA SUE GAWTHORP
Hearing on Petition for Letters of Administration:
Recommend approval of petition. Proposed bond of $318,176.50 appears adequate and is recommended.
Need proposed Letters, Form DE-150.
Recommend Inventory Review Hearing 05/20/25 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).
 

THURSDAY, NOVEMBER 21, 2024
Department 22
8:30 a.m.

PR-18-000251 ESTATE OF AIMEE CRAWFORD, AKA AIMEE EDDINGTON
Account Review Hearing on retained funds pursuant to Local Rules 8.68, 8.92:
Declaration of successor administrator file-marked 11/12/24 requests extension of time for filing of accounting (six months). Proof of service was neither attached nor filed separately.
Appearance by Administrator (self-represented) required (by VCourt if preferred).

PR-22-000768 ESTATE OF CAROL J. OWENS, AKA CAROL JUNE OWENS
Account Review Hearing:
Second PrC §12200 Status Report filed and set for hearing 01/09/25. 
Hearing of 01/09/25 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-23-000985 ESTATE OF CARLOS LUNA
Account Review Hearing:
Letters issued 10/19/23. Inventory and Appraisal due 02/19/24. Final Inventory and Appraisal not on file.
Inventory and Appraisal was ordered to be filed before this hearing.

Hearing on PrC§12200 Status Report of Administration:
Administrator reports that the I&A was sent to the Probate Referee in early October.
Recommend court allow estate to remain open and continue Account Review Hearing to 05/08/25.
Appearance not required (by VCourt if preferred).

PR-23-000988 ESTATE OF JERRY D. HARVICK, AKA JERRY DOUGLAS HARVICK
Account Review Hearing:
Petition for Final Distribution has been filed and set for hearing on 12/17/24.
Hearing of 12/17/24 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-23-001061 ESTATE OF MIO KAWAMURA REYNOLDS
Inventory Review Hearing:
Letters issued 05/23/24. Inventory and Appraisal due 09/23/24.
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-23-001288 ESTATE OF JENEVIEVE ANN KENOYER, AKA JENEVIEVE A. KENOYER
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 07/23/25 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-24-000167 ESTATE OF BETTIE JOE DEOSS
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
A Petition for Final Distribution has been filed and set for hearing on 02/05/25.
Hearing of 02/05/25 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-24-000337 ABEL RIVAS GONZALEZ LIVING TRUST DATED AUGUST 15, 2023
Hearing on Second Amended Petition (file-marked 10/28/24) for Determination of Validity of Trust; Determination to Whom Property Shall Pass; Settling the Accounts and the Acts of the Trustee; Instructing the Trustee and Compelling the Trustee to Provide a Copy of the Terms of the Trust and Information About the Trust and Account to the Petitioner: continued from 06/12/24, 09/11/24:
•    Notice of Hearing file-marked 10/14/24 is defective: it reflects notice was mailed before the pleading was filed. Notice of Hearing must be re-done. See California Rules of Court rule 7.53.
•    Body of Petition omitted the names and mailing addresses of those entitled to notice (PrC§17201).
•    Multiple pages appear to be missing from the copy of the Trust attached as Exhibit 3.
•    Proposed Order not yet submitted.
Recommend continuance to 04/10/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-24-000363 ESTATE OF BETTY SULLIVAN
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 06/24/25 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-24-000376 ESTATE OF LEONARD W. AMOS
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 07/23/25 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-24-000381 ESTATE OF CARL HARVEY SMITH, AKA HARVEY CARL SMITH, HARVEY C. SMITH
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 07/03/25 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-18-000116 ESTATE OF GUADALUPE A. OROZCO, AKA LUPE OROZCO   
Hearing on Report of Sale and Petition for Order Confirming Sale of decedent’s 50% interest in 758 Oxen Street, Paso Robles, CA 93446 (APN 009-778-017):
•    Pleading was filed by an attorney, but personal representative is currently self-represented. No Substitution of Attorney form is on file. 
•    Item 3d includes a type-written modification that reflects a copy of a reappraisal was attached to the petition; reappraisal must be filed as alleged in petition item 3d. See Local Rule 8.54.
      o    The attached appraisal is not Form DE-160 Inventory and Appraisal, nor is it an appraisal by the Probate Referee (PrC§8902). It appears to be an appraisal addressed to the buyer/heir, Rebecca Orozco, by a private appraiser. The asset that was privately appraised does not appear to fall under the type of property described in PrC§8904, and thus, appraisal by the Probate Referee appears mandatory.
•    Petition item 4c omitted the date of private sale. Without this date, Examiner cannot verify if petition was filed after the sale. See PrC§10308(b), Local Rule 8.55.
•    Petition item 4d reflects a sale price of less than 90% of the appraised value alleged in petition item 3c. This appears to be a fatal defect. See PrC§10309(a)(3), 10004(c).
•    Petition item 7b reflects that published notice of the sale was not required as the will authorized the Executor to sell the property. PrC§10503 appears to apply only when the court granted the Executor full IAEA authority; in this case, the court has granted Executor limited IAEA authority. See PrC§10501(b) and Amended Letters issued 05/03/23. 
      o    Proof of publication not on file (PrC§10300).
•    Petition item 8b does not appear correct; there have been several Requests for Special Notice filed in this proceeding.
      o    Notice of Hearing not on file for Scott Judson, Esq. See Request for Special Notice file-marked 01/31/24.
•    Proposed Order not yet submitted.
Recommend court vacate sale and order a new sale pursuant to PrC10313(c).
In reviewing the Declarations filed 11/15/24 (by Administrator) and 11/18/24 (by heir/buyer) it appears that the Administrator obtained a Reappraisal for Sale from the Probate Referee earlier this year but he has not filed it with the court (Exhibit E of the Administrator’s 11/15/24 Declaration). It also appears that Administrator and his sister, the buyer, wish the court not to consider the Referee’s Reappraisal. No one has filed a noticed Objection to appraisal. See PrC§8906. 
No appearance required (by VCourt if preferred).

PR-20-000283 ESTATE OF LEON POWERS
Hearing on First and Final Report of Administrator on Waiver of Account; Petition for Final Distribution of Estate; Petition for Allowance of Costs Advanced by Attorney and Personal Representative, Statutory Fees and Attorney’s Extraordinary Fees:
Please be aware in future Notes that the end of paragraph 6 the Report does not appear sufficiently detailed pursuant to PrC§9202(b) (knowledge of personal representative or estate attorney).
•    Please elaborate on paragraph 10 (allegation that an asset of the estate is the separate property of decedent’s sister, C. Powers, and that it was “purchased for convenience in the decedent’s name”) and request that court approve distribution to C. Powers.
•    Paragraph 25 “Statutory compensation”: 
      o    The fee base appears to be the value from the Inventory and Appraisal file-marked 07/08/22, which was a reappraisal of just one asset in advance of the sale, when it ought to be the value from the Final Inventory and Appraisal, which was file-marked 09/15/20, which included all estate assets.
                X    Gains on sale (real property) appear to therefore be incorrect;
                X    Losses on sale (vehicles) appear to therefore be incorrect.
      o    Due to the apparent exclusion of the real property that is being distributed to C. Powers (see above note), Examiner cannot be certain, but it appears that the computation of statutory compensation is lower than that to which Administrator and her counsel are entitled. This may therefore also impact the property on hand for distribution and proposed distributions.
•    Schedules showing Gains/Losses not attached as required by CRC 7.550(b)(6).
•    Prayer did not include request to unblock the estate account.
•    Notice to the minor heir must be sent directly to the minor in addition to her guardian/parent. See CRC 7.51(d), PrC§1460.1.  
•    Proposed Order: lines 16-17 on page 3 appear to misstate the court’s order file-marked 03/12/24. The court did not order the vehicles sold for $5,000.00; the court ordered them sold. The Administrator sold them for $5,000.00. Please rephrase.
•    Please submit a proposed Order Authorizing Withdrawal of Funds From Blocked Account, Form MC-358.
Recommend continuance to 01/24/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-23-000977 ESTATE OF DAVID ALEX BORJA
Hearing on First and Final Report of Executor on Waiver of Account and Petition for Final Distribution and for Allowance of Compensation to Attorney for Ordinary Services, Waiving of Fees to Petitioner for Ordinary Services, and Reimbursements to Attorney and Petitioner:
•    This pleading was filed prior to the expiration of time for filing of Creditor’s Claims. It appears, therefore, that the petition for final distribution was filed when the estate was not in a position to be closed. See PrC§§9050 through 9154, and line 3b of both Notice to Creditors, Forms DE-157, filed on 06/10/24. Report paragraph 25 appears incorrect as the time for filing claims was extended pursuant to those documents.
•    Waivers of Accounting do not bear notary’s acknowledgement (Local Rule 8.69); Waivers must be filed separately, not only attached as an Exhibit to the Report (PrC§10954).
•    Notice of Proposed Action must be filed as a separate pleading, not only attached as an Exhibit to the Report, with affidavit of mailing attached, per Local Rules 8.83 N and 8.100.
•    Report paragraph 8 (notice on Victim Compensation Board) does not appear to comply with PrC§9202(b) (“is or has previously been confined”). See also PrC§216, Local Rule 8.83 F.
•    Report paragraph 19 (statement of IAEA acts) does not appear correct, as paragraph 18 describes sale of real property following notice of proposed action.
•    Report paragraph 21 (creditor’s claims) does not appear sufficient pursuant to PrC§10900 and California Rules of Court rule 7.403 (dates, amounts, specifics).
•    Report paragraph 26 (assets on hand) refers to a Local Rule not found in this court’s Local Rules.
•    Exhibit 14 (attorney’s administrative costs) includes copies. Copies and postage are considered a cost of doing business and are not reimbursable. 
•    Please provide a copy of the invoice from the newspaper for costs of publication reflected in Exhibt 14 as it appears 250% higher than is considered typical for that newspaper.
•    Proposed Order: all findings were omitted, including finding regarding notice was [see PrC§1260].
Recommend continuance to 01/24/25 to allow time to cure defects.
Recommend court vacate Account Review Hearing of 02/26/25.
Appearance not required (by VCourt if preferred).

PR-24-000896 DOUGLAS PAUL MULNIX 2014 REVOCABLE TRUST
Hearing on Petition to Confirm Trust Asset (Probate Code §850):
Notice appears appropriate.
Recommend approval.
Appearance not required (by VCourt if preferred).
 

PR-24-001137 ESTATE OF LESLIE DAWN BATTLES
Hearing on Petition for Letters of Administration:
•    Petition item 8 omitted the name and address of decedent’s registered domestic partner. See item 5a(3).
      o    Petitioners do not appear to have priority of appointment, nor are they a nominee of the person with priority (Probate Code sections 8461, 8465). A person with priority does not appear to have filed a competing petition.
      o    Waiver of bond not on file from decedent’s registered domestic partner.
•    Form DE-121 Notice of Petition to Administer Estate not on file.
•    Affidavit of publication not on file. See Local Rule 8.12.
•    Forms DE-140 and DE-150, Proposed Order and Letters, not submitted.
Recommend continuance to 04/08/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

FRIDAY, NOVEMBER 22, 2024
Department 22
8:30 a.m.

PR-23-000207 ESTATE OF FELIX VEGA
Hearing on PrC§12200 Status Report of Administration continued from 09/19/24: 
Nothing filed since previous hearing. Prior Note remains:
•    Notice of Hearing file-marked 08/08/24 did not reflect that notice was given to the creditor(s) that have filed claims and for whom it does not appear that personal representative has filed Forms DE- Allowance or Rejection of Creditor’s Claim [PrC§§12201(b), 48].
On 09/19/24 court ordered personal representative to perfect notice pursuant to PrC§12201 before the next hearing or surcharge may be imposed. 
Appearance by counsel required (by VCourt if preferred).

PR-23-000745 ESTATE OF LESLIE WAYNE BAKER, JR.
Hearing on First and Final Report on Waiver of Account and Petition for Allowance of Reimbursement for Costs Advanced and Allowance of Statutory Compensation to Attorneys for Ordinary Services and for Final Distribution continued from 08/28/24, 09/26/24:
Some prior notes have been cured.
Recommend approval of Report and Petition.
Need new proposed Order:
•    The petition reflects that counsel agreed to a less amount of statutory compensation, however the proposed Order would order the entire amount of statutory compensation.
•    The final line of the proposed Order is a request, not an order the court made. Once that is removed, the line for judge’s signature would be on a page by itself which is not allowed per Local Rule 8.41 A.
Recommend Discharge Review Hearing 06/12/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).

PR-24-000429 VIVIAN MARGARET RIVERS TRUST
Hearing on First Amended Petition (file-marked 08/02/24) for Ascertaining Beneficiaries and Determining to Whom Property Shall Pass or be Delivered Upon Final or Partial Termination of the Trust; for Approving or Directing the Modification or Termination of the Trust; for an Order to Confirm Validity of Trust; Confirm Trustee; and Confirm Assets to Revocable Trust continued from 07/24/24, 10/08/24:
Nothing filed since previous hearing. Prior Notes remain:
•    Paragraphs 53 through 57 and the prayer addressed only one of the two assets of real property (Lot 105 and not Lot 266).
•    Notices of Hearing file-marked 08/02/24 omitted the real property identified as Lot 266 from item 3 on page 1.
•    Proposed Order submitted 08/02/24 Omitted an order regarding the real property identified as Lot 266.
Appearance by counsel required (by VCourt if preferred).

PR-24-000477 ESTATE OF BONNIE LOU KEENER, AKA BONNIE KEENER
Hearing on Amended Petition (file-marked 05/07/24) for Letters of Administration continued from 07/02/24, 09/11/24:
Prior Note remains:
•    Two of the heirs are minors: Jordyn K. and Dylann K. Proof of mailed notice (Form DE-121) not on file for the person(s) having legal custody of them. See California Rules of Court rule 7.51(d).
      o    Petition item 8 did not identify the person(s) having legal custody of the minor heirs.
      o    Guardian ad litem may be required. A petition for appointment is not pending.
Appearance by counsel required (by VCourt if preferred).

PR-24-000484 ESTATE OF DONALD F. AYRES
Hearing on Petition for Probate of Will and for Letters Testamentary continued from 07/03/24, 09/17/24:
Defects cured.
Recommend approval of petition and admission of Will to probate.
Recommend Inventory Review Hearing 05/22/25 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-24-000825 ESTATE OF DORIS COETTA BELL, AKA DORIS COETTA RAMBO
Review Hearing:
This review hearing was set to allow time for court to examine file and determine posture of case.
The court will on 11/22/24 order both of the competing petitioners to either:
1.    Republish notice pursuant to Probate Code sections 8120 et seq. in either the WESTSIDE INDEX or the MODESTO BEE. See list of local newspapers on the court’s website here: https://www.stanislaus.courts.ca.gov/divisions/probate/newspapers 
OR
2.    Prepare, serve on the opposing petitioner, and then file with the court a verified Declaration (with proof of service attached) alleging substantial compliance pursuant to Probate Code section 8122. Petitioners are referred to read Probate Code sections 8120 through 8122.

The court will on 11/22/24 order petitioner S. Fermon to either:
1.    Perfect mailed notice (Form DE-121) on QWAMMON MARLBOROUGH and thereafter file proof of mailed notice (Form DE-121) with the court.
OR
2.    Prepare, serve on the opposing petitioner and on QWAMMON MARLBOROUGH, and then file with the court a verified Declaration (with proof of service attached) alleging that QWAMMON MARLBOROUGH is not a surviving grandson of the decedent. 

Matter will be continued to 01/17/25.

No appearance required on 11/22/24. Anyone who chooses to appear at this hearing may do so either in person or remotely, by telephone, using VCourt.
 

PR-24-000955 ESTATE OF JAMES IRVIN HANDLEY
Hearing on Spousal Property Petition continued from 10/09/24:
Prior Notes have been cured.
If no one appears to object, recommend approval of petition.
Appearance not required (by VCourt if preferred).

PR-24-000962 ESTATE OF GREGORY A. FILIN, AKA GREGORY FILIN
Hearing on Petition for Probate of Will and for Letters of Administration with Will Annexed continued from 10/10/24:
At some point prior to the issuance of an order for final distribution, petitioner must address whether or not the decedent’s surviving spouse is an omitted heir. See PrC §§ 21610 et seq.
Recommend approval of petition and admission of Will to probate.
Recommend Inventory Review Hearing 06/03/25 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

ADD-ON:

PR-22-001183 ESTATE OF TONNA NAPIER
Hearing on Motion to Enforce Settlement Agreement:
SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/…

Hearing on Order to Show Cause issued 11/07/24:
Why dismissal of the action with prejudice entered on 09/30/24 should not be stricken; and why the court should not instead enter a dismissal with prejudice solely of Ms. Napier’s petition, purs. to the terms of the settlement agreement; and why the court should not re-set the Spousal Property Petition to calendar for 11/22/24 at 8:30 a.m. in Department 22.
Proof of service is on file.
Appearances required (by VCourt if preferred).
 

MONDAY, NOVEMBER 25, 2024
No decedent's estates or trust matters on calendar.

TUESDAY, NOVEMBER 26, 2024
No decedent's estates or trust matters on calendar.

WEDNESDAY, NOVEMBER 27, 2024
No decedent's estates or trust matters on calendar.

THURSDAY, NOVEMBER 28, 2024
Holiday.  No matters on calendar.

FRIDAY, NOVEMBER 29, 2024
Holiday. No matters on calendar.

MONDAY, DECEMBER 2, 2024
No decedent's estates or trust matters on calendar.

TUESDAY, DECEMBER 3, 2024
Department 22
8:30 a.m.

PR-22-000573 ESTATE OF INGRID M. BRYSON-WHYTE
Order to Show Cause issued 08/20/24 to Administrator:
•    To appear and show cause why court should not impose sanctions or surcharge and/or remove personal representative from office for failing to file Notice of Hearing pursuant to PrC§12201.

Order to Show Cause issued 06/13/24 to Administrator’s counsel and continued from 08/20/24:
•    To appear and show cause why a $300.00 sanction should not be imposed for failure to appear on 06/13/24 and on 08/20/24.

Account Review Hearing continued from 01/04/24, 04/09/24, 06/13/24, 08/20/24:

Hearing on PrC§12200 Status Report of Administration continued from 05/16/24, 06/13/24, 08/20/24:
Nothing filed since previous hearing. Prior Note remains:
•    Notice of Hearing not yet on file (see PrC§12201).
On 05/16/24 and again on 06/13/24, the court ordered personal representative to perfect notice pursuant to PrC§12201 before the next hearing or surcharge may be imposed. 

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

PR-22-000727 ESTATE OF RUTH MARIE ANTONIO
Hearing on First Amended (file-marked 08/20/24) First and Final Account and Report and Petition for its Settlement, for Allowance of Statutory Compensation to Executors and Attorneys; for Reimbursement of Costs Advanced and for Final Distribution continued from 09/04/24:
Prior Notes for Amended Account and Petition remain:
•    End date of account reflected on the Summary of Account Exhibit B does not agree with Report paragraph 19.
•    No receipt of preliminary distribution yet on file for distribution of cash devise to Priests of the Sacred Heart in the amount of $29,593.64 (devise plus interest).
•    Please file a verified supplemental pleading with documentation to support the request for reimbursement of the personal funds advanced by the co-personal representatives, i.e. copies of receipts and/or paid invoices. Please include a brief explanation of why the travel expenses should be considered a cost of the estate.
•    Proposed Order not yet submitted.
Petition does not include an agreement of the co-personal representatives as to the apportionment of statutory compensation due to them, so recommend court order compensation apportioned one-half to each (CRC rule 7.704), to wit: $15,431.09.

On 09/04/24, the court directed counsel to file a supplement as to the distributions of cash bequests (general pecuniary devise) no fewer than fifteen days prior to this hearing. Not on file.
Prior Notes remain: 
•    Counsel, in using the phrase “distributions to specific beneficiaries” in her 04/29/24 Declaration, may have conflated a “specific devise” with a “general pecuniary devise” made to a specific person or entity (see Pr. Code §§ 211117, 211118). The fact that decedent’s will devised a specific amount of cash to a particular beneficiary does not mean the devise was specific. 
      o    The difference between specific devise and general devise is not to whom the devise is made but the nature of the devise. This characterization affects abatement and rules of ademption. [Example of a specific devise of cash (PrC § 21117): I give the framed $1.00 from the first sale at the family business to John Doe.]
      o    A general pecuniary devise is “transfer of property made in an instrument that either is expressly stated as a fixed dollar amount or is a dollar amount determinable by the provisions of the instrument” Witkin, Summary 11th Wills § 260 (2024). See also a Will Drafting Practice Guide. [Example of a general pecuniary devise (PrC § 21117): I give the sum of $20,000.00 to John Doe.]
•    Importantly, counsel appears to possibly misconstrue Pr. Code § 12003 as a direction to a personal representative to distribute a devise of cash within one year of appointment. That chapter does not direct the personal representative to distribute estate assets without giving notice of proposed action or first obtaining court authorization. The chapter codifies the devisee’s entitlement to interest. 
      o    Pr. Code §§ 10552 – 10564 list the exercisable powers that do not require giving of notice of proposed action and it does not appear that that article applies to these distributions.
      o    A personal representative may feel it behooves him/her to distribute a general pecuniary devise early to avoid increasing interest, but the following code sections must be followed.
•    Pr. Code §§ 10510 and 10520 (exercise of powers) do apply in this case, as they apply to all distributions of a general pecuniary devise. 
      o    There appears to be neither a Notice of Proposed Action regarding preliminary distribution of an amount not greater than $10,000.00 on file (see Local Rule 8.100 B, Pr. Code §§ 10510, 10520) nor a court order authorizing preliminary distributions greater than $10,000.00 pursuant to Pr. Code §§ 11620 et seq. (see also Local Rule 8.69).
                X    The Schedule of Disbursements reflects that all five distributions were in excess of the limit set by Pr. Code § 10520 and thus court authorization was required.
                X    It appears that several distributions occurred after counsel had responded to Probate Notes flagging this issue and without seeking court’s instruction.
Appearance by counsel required (by VCourt if preferred).

PR-22-001003 ESTATE OF RUSSELL DEAN LONGWORTH
Account Review Hearing:
Final Inventory and Appraisal on file.
A Petition for Final Distribution has been filed and set for hearing 12/12/24.
Hearing of 12/12/24 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-22-001005 ESTATE OF THOMAS JON LONGWORTH
Account Review Hearing:
Final Inventory and Appraisal on file.
A Petition for Final Distribution has been filed and set for hearing 12/17/24.
Hearing of 12/17/24 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-23-000963 ESTATE OF GARY ALAN JOHNSON
Hearing on Petition to Determine Entitlement (filed by heir) continued from 08/22/24:
Notice appears complete.
No written statements supporting or in opposition to the petition have yet been filed.
If no one appears pursuant to PrC§11702 to file a written statement of interest, recommend approval of petition.
Need proposed Order.

Inventory Review Hearing continued from 08/01/24, 08/22/24:
See Local Rule 8.41 B. Letters were issued 02/05/24; Final Inventory and Appraisal was due 06/05/24. On 08/01/24 court ordered that the Final Inventory and Appraisal was to be filed. Not on file.
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 personal representative and counsel required (by VCourt if preferred).

PR-24-000128 ESTATE OF CHARLES QUINTON HEMINGWAY
Hearing on Petition for Conveyance or Transfer of Property Claimed to Belong to Estate, Double Damages for Bad Faith, Probate Code 859, Financial Elder Abuse, Attorneys Fees and Costs Probate Code §850 continued from 08/20/24:
Objection filed (-by Willa Dean Hemingway)
•    Need Order.
Possible long cause.
Hearing required (by VCourt if preferred).

PR-24-000597 MAYFIELD FAMILY 2022 TRUST
Hearing on Petition for Order Confirming Trustee and Trust Assets continued from 08/20/24:
Prior Notes have been cured. Notice appears complete.
Recommend approval of petition.
Need new proposed Order. Lines 18-20 of the proposed Order submitted 10/30/24 are not worded as the court’s finding(s). See Probate Code section 1260(b).
Appearance by petitioner (self-represented) required (by VCourt if preferred).

PR-20-000503 ESTATE OF STEPHEN BLAKEMORE
Hearing on Petition for Letters of Administration:
Technical defects: 
•    Form DE-147 Duties and Liabilities not on file.
•    Form DE-121 Notice of Petition to Administer Estate not on file. Form DE-120 may not be used for this purpose. See PrC§§8110 and 8522.
•    Forms DE-140 and DE-150, Proposed Order and Letters, not submitted.

Please correct or otherwise address these issues in support of the petition for appointment of successor, and the vacancy in office:
•    Petition item 8 did not allege the Administrator’s date of death.
•    Petition item 8 did not identify the Administrator’s intestate heirs or the Executor named in his Will.
•    Petition item 8 alleges that the petitioner, as Trustee, is the sole beneficiary of the late Administrator’s estate, but a copy of the late Administrator’s will was not provided nor does it appear that the original Will has yet been lodged with this court (if the late Administrator resided in this county at the time of his passing).
•    Petition item 8 did not identify the beneficiaries of the late Administrator’s trust identified in item 8 and Attachment 3g(2)(a). See PrC§§1208 and 13006.
      o    A copy of the Trust must also be provided. 
•    Prior to his passing, the Administrator signed a verified Receipt, file-marked 07/01/24, acknowledging that he received “all of the property distributed to me in accordance with the Order for Final Distribution, which was the distribution of my entire share of the Estate”, - facts which do not agree with the allegation(s) found in Attachment 3g(2)(a) of this petition.

Recommend continuance to 01/23/25, to coincide with Discharge Review Hearing already set, to allow time to cure defects. Petitioner and her counsel are referred to Probate Code sections 8540 et seq.
Appearance not required (by VCourt if preferred).

PR-21-000883 ESTATE OF FRANCISCO VALENCIA AGUILAR
Hearing on PrC§12200 Status Report of Administration:
Notice appears complete.
Recommend court allow estate to remain open and set a further Account Review Hearing 10/09/25.
Appearance not required (by VCourt if preferred).

PR-23-000856 ESTATE OF MARK DENNIS WINBIGLER
Hearing on First and Final Report on Waivers of Account and Petition for its Approval; Petition for Order of Final distribution; and for Allowance of Payment of Statutory Fees; and Reimbursement of Costs Advanced:
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 06/12/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).

PR-23-001185 ESTATE OF RICARDO V. MARTINEZ
Hearing on First and Final Report of Administrator on Waiver of Account and Petition for Approval of Settlement Agreement, for Allowance of Statutory Compensation to Attorney and for Final Distribution:
•    Waiver(s) of Accounting do not bear notary’s acknowledgement (Local Rule 8.69).
•    Itemization of costs of administration was omitted (see Local Rules 8.69, 8.83K).
Recommend continuance to 01/31/25 to allow time to cure defects.
Recommend court vacate Account Review Hearing of 02/06/25.
Appearance not required (by VCourt if preferred).

PR-24-000283 ESTATE OF LEO GENE JONES, AKA LEO JONES
Hearing on (Competing) Petition for Letters of Administration (filed by J. Resso):
Petition item 1d(3) did not include the institution and location where petitioner intends to set up a blocked account. Examiner does not consider this defect fatal as the proposed Order reflects the blocked account would be at Bank of Stockton on J Street in downtown Modesto, a member of FDIC.
Affidavit of publication not on file.
Recommend continuance to 04/03/25 to coincide with hearing on other probate petition.
Appearance not required (by VCourt if preferred).

PR-24-000915 MATTER OF ALFRED AND ALICE OKEY LIVING TRUST DATED 10/12/1999
Hearing on Petition Regarding Internal Affairs of a Trust (1) Compel Redress of Breach (2) Removal of Trustee (3) Appointment of co-Trustees (4) Confirmation of Trust and terms of trust (5) Surcharge of former Trustee:
Notice appears complete.
Petitioner to file verified Declaration clarifying which issues remain outstanding following hearing on related ex parte requests heard 11/07/24.
Signed formal agreement following 11/07/24 hearing not yet on file. Copy of signed consent and acceptance of successor Trustee Rachel Ford aka Olivarez not on file.
Recommend court set deadline for petitioner to file supplement of remaining issues and set a deadline for Respondent/resigned Trustee to file a response.
Appearance by petitioner’s counsel and respondent (self-represented) required (by VCourt if preferred).

PR-24-001139 ESTATE OF MARIA L. SOUSA, AKA MARIA LEONILDE SOUSA
Hearing on Petition for Probate of Will and for Letters Testamentary:
•    Petition item 3d reflects that the estimated value of decedent’s estate is under the threshold for formal probate. No declaration regarding necessity of probate was provided.
While Examiner does not consider the above note to be a fatal defect, it is the court’s discretion to consider granting a petition for probate under the threshold.
Hearing required.
Appearance by petitioner’s counsel required (by VCourt if preferred).

PR-24-001148 ESTATE OF ANDREW SATAVU
Hearing on Petition for Letters of Administration:
•    Waivers of bond not on file from intestate heirs.  Petitioner’s request to remove bond or reduce bond to $20,000 submitted to the court for determination.
•    Seeking order that all sums be placed in attorney’s Attorney Client Trust Account in lieu of bond or reduced bond. 
Appearance by counsel required (by VCourt if preferred). Please be prepared to inform the court if there are any known California creditors or liabilities of the estate.

PR-24-001150 ESTATE OF BEVERLY ANN SARABIA
Hearing on Petition for Probate of Lost Will and for Letters Testamentary:

•    The following items need to be addressed on Form DE-111, Petition for Probate:
      o    Item 2b incomplete (names of proposed personal representatives).
      o    Item 2b(1-4) incomplete (role of personal representative).
      o    Item 2c incomplete (request for full or limited authority).
      o    Item 2d incomplete (bond was not addressed).
      o    Item 3c incomplete (address and county of decedent’s residence at the time of death).
      o    Item 3d(7) incomplete (total value of the estate).
      o    Item 3f incomplete (date of decedent’s will).  This item referred to “Living Trust 1996”; however, a copy of a Trust was not attached to the petition.
      o    Item 3g(1) incomplete (appointment of executor).
      o    Item 3g(3) box was checked (special administrator requested), however, petition for special administrator not filed.
      o    Item 3h incomplete (proposed personal representative is or is not a resident of California/United States).
      o    Item 5a(1) or (2) incomplete (spouse or no spouse).
      o    Item 5a(3) or (4) incomplete (registered domestic partner).
      o    Item 8 must include the relationships of all those listed to the decedent.
      o    Item 8 must include all those named in the Will, and if they are deceased so state with date of death.
      o    Item 8 must include names as they are written in the Will; AKA’s may be used to identify the correct individuals.
      o    Item 8 did not include the proposed personal representatives (Local Rule 8.26 D). (Name, relationship to decedent and title of personal representative).
      o    Attachment 3f(3) omitted from Petition (Declaration regarding lost will purs. PrC§6124). See also PrC§8223.
•    Form DE-147 Duties and Liabilities not on file.
•    Form DE-121 Notice of Petition to Administer Estate not on file.
•    Affidavit of publication not on file. See Local Rule 8.12.
•    Form DE-140, Proposed Order,not submitted.
•    Form DE-150, Letters, not submitted.
•    Waivers of Bond [Form DE-142/DE-111(A-3e)] not on file for all intestate heirs (see Probate Code section 6401). Bond may be required. Full bond would be $840,000.00.

Consider visiting the California Courts Self Help page at:
https://selfhelp.courts.ca.gov/probate and downloading forms from https://www.courts.ca.gov/forms.htm

Appearance by petitioners (self-represented) required (by VCourt if preferred).

WEDNESDAY, DECEMBER 4, 2024
Department 22
8:30 a.m.

2201185 ESTATE OF MARY F. ROSENBAUER
Order to Show Cause issued 08/27/24 to Administrator’s counsel:
Order to Show Cause will be discharged based on counsel’s explanation in the ex parte pleading file-marked 10/22/24.

Discharge Review Hearing continued from 07/14/2021, 08/26/21, 02/24/22, 02/23/23, 02/27/24, 04/30/24, 08/27/24:
Last month, the court approved Administrator’s ex parte application authorizing deposit of one beneficiary’s share with the County Treasurer.
Receipts of distribution of retains not yet on file.
Ex Parte Petition for Final Discharge and Order not yet submitted.
Recommend continuance to 04/15/25 to allow time for filing of above pleadings.
Appearance by counsel required (by VCourt if preferred).

PR-21-000621 THE JACK L. FREY LIVING TRUST
Status Review Hearing continued from 05/02/23, 08/17/23, 11/21/23, 05/09/24, 08/28/24:
•    Order After Hearing from Motion hearing 10/01/24 not yet submitted after being rejected by the court on 10/01/24.

Account Review Hearing continued from 01/26/23, 05/02/23, 08/17/23, 11/21/23, 03/13/24, 5/9/24, 08/28/24:
•    Do not recommend further continuance of Account Review Hearing.

Hearing on Amended (file-marked 07/17/24) Petition for Approval of First and Final Accounting and Report and Petition for Allowance of Compensation of Trustee continued from 05/09/24, 08/28/24:
Prior Note remains:
This pleading was filed with the following title: “Corrected Petition for Approval of First and Final Accounting and Report and Petition for Allowance of Compensation of Trustee”. California Rules of Court rule 7.3 does not allow for the use of the term “Corrected” on this type of pleading and the clerk’s office, to save time, added the word “Amended” to the caption of this pleading so that it conformed with state rule. See also Witkin 14 for additional information on this rule. This is not a Note to be cured, it is a note to explain, in part, what will be required in the new Notice of Hearing.
•    Notice of Hearing not on file (PrC§§17203, 15804) following file of the amended pleading. See California Rules of Court rule 7.53. The Notice of Hearing file-marked 07/12/24 reflects that notice was mailed prior to the date the Amended Accounting was filed.

Appearance by counsel required (by VCourt if preferred).

PR-21-000981 ESTATE OF MATTHEW R. BOX
Account Review Hearing continued from 08/01/24:
On 08/01/24, 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-21-001327 ESTATE OF ANECIA LEARY
Hearing on PrC§12200 Status Report of Administration:
•    Notice of Hearing not yet on file (see PrC§12201) including any known 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 01/24/25 to allow time for notice.
Appearance not required (by VCourt if preferred).

PR-22-001095 ESTATE OF JUDY BARNETT
Hearing on Petition for Final Distribution; for Settlement of Estate on Waiver of Accounting; for Approval of Statutory Personal Representative’s Fees; for Approval of Statutory Attorneys’ Fees; for Approval of Costs continued from 09/12/24:
Prior Notes remain:
•    Paragraph 11 (Inventory and Appraisal): 
      o    Alleges an appraisal value that does not agree with the I&A filed on 04/05/24.
      o    The first line of paragraph 11 appears to mischaracterize the 04/05/24 I&A as “a Final” I&A. The discrepancy may reside in the title of the 04/05/24 pleading, and not the Petition. The I&A file-marked 04/05/24 (real property) was labeled a Corrected Supplemental I&A, which means that it corrected the prior Supplemental I&A. The only Supplemental I&A was filed 12/15/23 (checking account and vehicles). Please address.
      o    The second sentence of paragraph 11 mischaracterizes the 09/12/23 as a “Partial Inventory and Appraisal”. The I&A file-marked 09/12/23 (real property) was labeled a Final I&A.
•    Paragraph 19 (calculation of statutory compensation): Fee base does not agree with paragraph 11 (total of all appraisals), resulting in miscalculation of statutory compensation. This issue may have also impacted the property on hand for distribution and the proposed distributions.
•    Paragraph 21 (description of assets on hand) omitted legal description and assessor’s parcel number of real property as required by CRC 7.651(b)(3).
•    Property Tax Certificate [Probate Code 8800(d)] may be necessary as Form DE-160, Corrected Supplemental Inventory and Appraisal, file-marked 04/05/24 omitted item 5 (re: change of ownership statement).
•    Proposed Order: 
      o    First line on page 1 appears to reflect that the Order is addressed to the court.
      o    Omits the legal description and assessor’s parcel number of the real property.
      o    Paragraph 13 misstates the appraisal value per the I&A’s. See notes above regarding this issue.
      o    Please restate the omnibus clause such that the division of future assets is clear, as the Order sets forth a particular distribution that, while appearing equitable and appropriate, is not strictly 50/50.
Appearance by counsel required (by VCourt if preferred).

PR-23-000327 ESTATE OF MILLY B. SIMS
Hearing on Status Report:
It was not necessary for the Report to have been set for hearing, however it was, and Notice of Hearing is on file reflecting that all interested parties were served with a copy.
Do not recommend continuance of hearing on the Status Report.

Account Review Hearing (on retained funds) continued from 11/07/24:
An Accounting on the $5,000.00 retained funds has not been presented for the court’s approval pursuant to Local Rule. 
Recommend continuance to 05/21/25 to allow time for final estate tax return, as requested in the Status Report.
Appearance not required (by VCourt if preferred).

PR-23-000601 ESTATE OF CAROL HAWKINS
Inventory Review Hearing continued from 08/21/24:
Nothing filed since previous hearing.
Letters issued 02/01/24. Inventory and Appraisal due 06/01/24.
See Local Rule 8.41 B.
On 08/21/24, the court directed personal representative’s counsel to file the Final Inventory and Appraisal prior to this hearing.
•    Recommend court issue an Order to Show Cause to personal representative and counsel to be personally present to receive the court’s order. 
•    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.
The Administrator appears to have relocated out of state and not notified the court.
•    Statement of residence not on file (PrC§8573).
Appearance by Administrator and her counsel required (by VCourt if preferred).

PR-24-000295 ESTATE OF GERALDINE KITCHENS, AKA GERALDINE SANTOS
Hearing on Petition to Determine Persons Entitled to Distribution of Estate (PrC§11700) continued from 08/20/24:
•    Notice of hearing is on file for Executor’s counsel but not on Executor herself – as Executor is a devisee of decedent’s will, Notice of Hearing on her appears required by PrC§11701(c).
•    Petition does not appear to include any argument about petitioner’s entitlement to distribution, such as the fact that he may be an omitted spouse; petition includes an allegation that there exists a dispute among the devisees and petitioner regarding the characterization of property that may or may not be part of this estate but does not reflect petitioner’s own position.
•    An Inventory and Appraisal is not yet on file as alleged in the petition. 
Please supplement or amend the petition (see California Rules of Court rules 7.3 and 7.53) to provide the basis for petitioner’s entitlement to distribution, and, if necessary, file points and authorities in support of petitioner’s argument.

Recommend continuance to 02/20/25, to coincide with Inventory Review Hearing already set, to allow time to cure defects.

Request for Judicial Notice file-marked 07/29/24 and 08/28/24 will be submitted to court for determination at the continued hearing date. 

Letters Testamentary have not yet issued pursuant to PrC§8480 because Executor has so far failed to file the required bond. Recommend court issue Order to Show Cause to Executor and Executor’s counsel to appear and show cause on 02/20/25 why she should not be removed and the case dismissed for her failure to file proof of securing bond so that Letters may issue.

Appearance not required (by VCourt if preferred).

PR-24-000709 ESTATE OF CONSUELO GLADYS QUINTERO
Hearing on Petition for Letters of Administration continued from 08/22/24:
Requested bond of $250,000.00 appears adequate based on estimated value of estate alleged in the petition.
Recommend approval of petition with bond of $250,000.00.
Recommend Inventory Review Hearing 06/04/25 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-24-000828 ESTATE OF FERMIN BECERRA GOMEZ
Hearing on Amended (file marked 10/12/24) Petition for Probate of Will and for Letters of Administration with Will Annexed continued from 09/12/24:
Bond waivers on file for all testate heirs.
Recommend approval of petition and admission of Will to probate.
Recommend Inventory Review Hearing 06/05/25 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-20-000290 SABRION OKIS BUSH SPECIAL NEEDS TRUST
Hearing on Second Account and Report of Trustee and Petition for its Approval; For Approval of Accounting; and for Approval of Trustee’s Fees and Attorney’s Fees and Costs Advanced:
REVIEW IN PROGRESS. PLEASE CHECK BACK.

PR-23-001066 ESTATE OF DEBORAH LYYN STAUSS
Hearing on First and Final Report of Administrator on Waiver of Account, Petition for its Approval, for Ordinary Attorney’s Fees, and for Final Distribution:
•    Notice of Hearing not on file (PrC §§ 10830, 11000, 11601).
•    Proposed Order has the following defects:
    o    Department recites Dept 21 instead of Dept 22.
    o    Time recites 8:35 instead of 8:30am.
    o    Does not specify the amounts to be distributed.
•    Disclaimers, having not been filed within nine months of decedent’s death, appear to be untimely pursuant to PrC§§279-280 and thus not effective.
•    There were seven Creditor’s Claims filed in this matter.  The Report shows that six were allowed in part and subsequently paid. Neither a notice of withdrawal filed by the creditor nor a Form DE-174, Allowance or Rejection, was filed in this matter for these claims. See California Rules of Court rule 7.401. 
Recommend continuance to 04/15/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
 

PR-24-000630 WENDY SHARON TATRO REVOCABLE TRUST
Hearing on Fourth Account and Report of Trustee and Petition for its Settlement, for Approval of Compensation of Trustee and Compensation of Attorney for Trustee, and for Allowance of Periodic Payments to Attorney for Compensation:
Notice of Hearing appears complete.
Recommend approval of Petition.
Recommend Account Review Hearing on 12/15/26 for receipt of Fifth Account for the period of 03/01/24 through 02/28/26.
Appearance by counsel required pursuant to language used in the proposed Order (which reflects that counsel appeared) (by VCourt if preferred).

PR-24-001152 ESTATE OF IRENE S. DALEY
Hearing on Spousal Property Petition:
Petition item 9 was not completed (names, relationships, status as adults or minors, and addresses of all those identified in items 5 and 6).
Copy of Letters not on file (petitioner alleges herself to be the personal representative of the estate of decedent’s surviving spouse).
Attachment 7 did not include: date of marriage, date property was purchased, source/characterization of funds for down-payment (if any), source/characterization of funds for mortgage, maintenance, property taxes, etc.
Please also provide a copy of the earlier recorded deed which reflects how title was held prior to the Quitclaim Deed, as there is no reference to decedent’s name in the Quitclaim Deed. The Quitclaim Deed only demonstrates that the decedent’s surviving spouse quitclaimed his interest to himself.
Recommend continuance to 03/25/25 to allow time to cure defects. 
Appearance not required (by VCourt if preferred).

PR-24-001156 ESTATE OF WESLEY DEWAYNE GROGAN SR.
Hearing on Petition for Letters of Administration:
Requested bond of $350,100.00 appears adequate based on estimated value of estate alleged in the petition.
Recommend approval of petition.  
Recommend Inventory Review Hearing 06/05/25 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-24-001159 ESTATE OF JENNIFER ERIN BRASIL
Hearing on Petition for Letters of Administration:
Recommend approval of petition with bond of $250,250.00.
Need new proposed Order that includes order requiring bond as pled.
Need new Letters: place of affirmation (item 4) omitted.
Recommend Inventory Review Hearing 06/04/2025 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-24-001160 ESTATE OF VIEVA LAVERNE THORNTON
Hearing on Petition for Letters of Administration:
Requested bond of $268,000.00 appears adequate based on estimated value of estate alleged in the petition.
•    It is not clear if notice was given to the person having legal custody of the minor heir [CRC 7.51(d)].
Recommend continuance to 01/31/25 to allow time to perfect notice.
Appearance not required (by VCourt if preferred).

PR-24-001163 ESTATE OF CLOYED DEVOTA SERVAES
Hearing on Petition for Letters of Administration:
•    Form DE-121 Notice of Petition to Administer Estate not on file.
•    Affidavit of publication not on file. See Local Rule 8.12.
•    Forms DE-140 and DE-150, Proposed Order and Letters, not submitted.
•    Waivers of bond [Form DE-142/DE-111(A-3e)] not on file for all intestate heirs (see Probate Code section 6401). Bond may be required. Minimum bond would be $20,000.00 pursuant to Local Rule 8.33 and maximum bond $140,000.00.
•    Petition item 3d reflects that the estimated value of decedent’s estate is under the threshold for formal probate. No declaration regarding necessity of probate was provided.
While Examiner does not consider the last above note to be a fatal defect, it is the court’s discretion to consider granting a petition for probate under the threshold.
Recommend continuance to 04/15/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).