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 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 OCTOBER 15, 2024, UPDATED JANUARY 2, 2025
To those in the probate community who handle or assist with Conservatorships: Please take care to learn about the revision to Judicial Council Form GC-355 and new attachment Form GC-356 which went into effect January 1, 2025, and the new requirements for that form based on Senate Bill 280.
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.
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.
Probate Notes
MONDAY, MARCH 10, 2025
Department 22
There are no decedent's estates or trusts on calendar
Department 24
01:30 p.m.
PR-23-001264 ESTATE OF JAMES RUSSELL WALLS
Related case PR-24-000396
Settlement Conference:
Appearances mandatory.
Any person wishing to appear remotely must obtain the court’s permission to appear via VCourt by contacting the courtroom clerk.
PR-24-000396 JAMES RUSSELL WALLS LIVING TRUST
Related case PR-23-001264
Settlement Conference:
Appearances mandatory.
Any person wishing to appear remotely must obtain the court’s permission to appear via VCourt by contacting the courtroom clerk.
TUESDAY, MARCH 11, 2025
Department 22
8:30 a.m.
PR-21-001399 ESTATE OF CHARLES STONER
Order to Show Cause issued to Alonzo Gradford, Esq. continued from 10/02/24, 02/05/25:
To appear and show cause for failure to file pleadings as directed.
Recommend discharge of Order to Show Cause.
Hearing on Status Report (filed by Practice Administrator on 07/23/24) continued from 08/29/24, 10/02/24, 02/05/25:
Nothing filed since previous hearing.
• $200.00 filing fee was not paid.
• Report appears to be missing pages – only pages 1 and 2 were filed, and the Report was not verified.
• Notice of Hearing not on file pursuant to PrC§12201.
On 10/02/24, the court ordered the Practice Administrator to file a verified PrC 12200 Status Report with PrC 12201 Notice within 30 days of the hearing. Not on file.
Recommend court drop the hearing on the Status Report for lack of service, failure to pay the filing fee.
Hearing on Petition for Final Distribution, Settlement of First and Final Account, Allowance of Compensation of Personal Representative and Allowance of Attorney’s Fees and Costs:
• Notice of Hearing not on file for former counsel, Broderick Legal Group.
• Is it Administrator’s request that the Practice Administrator be discharged without the requirement of filing an Account? If not, this accounting appears premature.
Recommend continuance of hearing on Petition and Account to 05/09/25 to allow time to perfect notice, address the Note.
Appearance not required (by VCourt if preferred).
PR-22-000184 ESTATE OF KENNETH HERMAN KUSNIK
Account Review Hearing:
Final Inventory and Appraisal is on file.
• Final Inventory and Appraisal omits characterization of decedent’s property [PrC§8850(c)]. This information will be needed prior to the closing of the estate.
• Neither Petition for Final Distribution nor (Second) 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 08/12/25 to allow time for filing of above pleadings.
Appearance not required (by VCourt if preferred).
PR-23-000393 ESTATE OF EMMA LAVERNE EDWARDS DESPER
Inventory Review Hearing:
Letters issued 09/25/24. Inventory and Appraisal due 01/27/25.
Final Inventory and Appraisal 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 to receive the court’s order (by VCourt if preferred).
PR-23-001109 ESTATE OF DOROTHY LOYD
Order to Show Cause issued to Executor’s counsel on 10/23/24:
• To appear and show cause why sanctions should not be imposed for failing to appear on 10/23/24.
Inventory Review Hearing continued from 08/08/24, 10/23/24:
Nothing filed since previous hearing. Prior notes remain:
Letters issued 04/17/24. Inventory and Appraisal due 08/17/24. See Local Rule 8.41 B.
On 08/08/24, the court ordered personal representative to file the Final Inventory and Appraisal prior to this hearing. Not on file.
Appearance by counsel mandatory (by VCourt if preferred).
PR-24-000006 ESTATE OF VICTORIA L. McMILLEN, AKA VICTORIA LYNN McMILLEN
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.
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 07/10/25 to allow time for filing of above pleadings.
Appearance not required (by VCourt if preferred).
PR-24-000475 ESTATE OF RAUL ARRIAGA ZAMORA, AKA RAUL ZAMORA SR., RAUL ZAMORA, RAUL A. ZAMORA
Inventory Review Hearing:
Letters issued 10/15/24. Inventory and Appraisal due 02/17/25.
Final Inventory and Appraisal not on file.
Based on counsel’s recently-filed Declaration, the court will find it reasonable to allow further time for filing the I&A pursuant to PrC§8800(b).
Matter will be continued to 07/10/25.
Appearance not required (by VCourt if preferred).
PR-24-000784 ESTATE OF BETTY L. BALL
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
• Final Inventory and Appraisal omits characterization of decedent’s property [PrC§8850(c)]. This information will be needed prior to the closing of the estate.
Petition for Final Distribution has been filed and set for hearing on 04/09/25.
Hearing of 04/09/25 will be confirmed.
Appearance not required (by VCourt if preferred).
PR-24-000796 ESTATE OF PATRICIA ANN ROBBINS, AKA PATRICIA ROBBINS
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 11/13/25 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).
PR-24-000801 ESTATE OF SCOTT ALLAN PIKE, AKA SCOTT PIKE
Inventory Review Hearing:
Final Inventory and Appraisal on file.
Recommend Account Review Hearing 10/14/25 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).
PR-24-000809 ESTATE OF MARIA SWANSON, AKA MARIA A. SWANSON, MARIA ANGELINA SWANSON
Inventory Review Hearing:
Letters issued 09/10/24. Inventory and Appraisal (I&A) due 01/10/25.
Partial No. 1 I&A is on file. Final I&A not on file.
Recommend court allow six additional months for filing of the Final I&A pursuant to PrC§8800(b) based on the personal representative’s verified report file-marked 02/26/25.
If the estate is not in a position to be closed at the time of the next hearing, a PrC§12200 Status Report must be on file.
Recommend continuance to 09/30/25.
Appearance not required (by VCourt if preferred).
PR-24-000820 ESTATE OF INEZ MUNOZ MAHON
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Both Final Inventory and Appraisal and Amended Final Inventory and Appraisal omit characterization of decedent’s property [PrC§8850(c)]. Please note: This information will be needed prior to the closing of the estate.
Recommend Account Review Hearing 10/14/25 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).
2200062 ESTATE OF MARY RUBY ANDRUS, AKA MARY R. ANDRUS, MARY ANDRUS
Hearing on PrC§12200 Status Report of Administration:
• 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 04/16/25 to coincide with Account Review Hearing already set.
Appearance not required (by VCourt if preferred).
PR-21-001379 MATTER OF MARY JESSIE SWANSON REVOCABLE TRUST
Hearing on Motion to Reconsider:
SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/…
PR-23-000781 JONATHAN N. HOWARTH, AKA JONATHAN HOWARTH
Hearing on First and Final Account and Report of Executor and Petition for Allowance of Compensation to Executor and Attorneys for Ordinary Services, Costs to Attorneys, and for Final Distribution:
• The Report reflects that this pleading was filed fewer than two months after the personal representative provided notice purs. to PrC§9202 on the Franchise Tax Board. It appears, therefore, that the petition for final distribution was filed when the estate was not in a position to be closed. See Pr. Code sections 9050 through 9154.
o The Franchise Tax Board thereafter filed what appears to be a timely claim (file-marked 12/23/24) and Request for Special Notice. Claim must be addressed.
• Accounting:
o For some reason, not clearly alleged in the pleadings, the personal representative submitted two separate accounts within one document. The end date of the second account period, which spanned only four months, is 06/30/24. This account appears stale.
• Costs of Administration include photocopies and postage, which are considered a cost of doing business and are not reimbursable. See paragraphs 25 and 26.
• Report reflects the personal representative distributed half a million dollars of estate assets without prior court authorization, without serving a Notice of Proposed Action, and has not filed receipts. Receipts must be filed. Once other notes are cured, this act will be submitted to the court for determination.
o Notice must be given to the consulate for the unauthorized distributions to trust beneficiaries, or personal representative must file a verified pleading that the trust beneficiaries are U.S. citizens residing in another country. See PrC§8113.
Recommend court order personal representative to amend this pleading to bring the account current.
Recommend continuance to 06/26/25 to allow time for personal representative to cure the defects, file receipts, address the claim pursuant to CRC rule 7.403 and Local Rule 8.83 B, and to bring the account current.
Appearance not required (by VCourt if preferred).
PR-23-001134 ESTATE OF MARK THOMAS HAMMERSON, AKA MARK THOMAS HAMMERSON, SR.
Hearing on Petition for Final Distribution, Settlement of Estate, Allowance of Attorney’s Fees and Costs, Waiver of Account:
• Caption of pleading and notice thereon did not include report of administration as required by PrC§10954(c).
• Both Notices of Hearing on file omitted city and state mailed (Item 4b, page 2).
• Paragraph 22, pages 7 and 8 is incomplete in that it omitted a full and complete description of assets on hand. Please refer to PC§1062(f), Local Rule 8.83M, and CRC7.651(b)(1).
• Body of petition appears not to describe the property on hand for distribution (after statutory compensation) nor the order of specific distribution sought. See CRC 7.651, Local Rule 8.83M.
• Waiver of Accounting does not bear notary’s acknowledgement (Local Rule 8.69).
Recommend continuance to 06/25/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-24-001165 MATTER OF R. SCHUMANN 1997 TRUST
Hearing on Petition to Remove Trustee and Appoint New Trustees:
• Is the Trust named “R. Schumann 1997 Trust” (as reflected in the case caption) or “Trust of Rebecca Schumann” (as stated in most references in the petition)?
• Line 3 on page 2 includes the incorrect assertion that venue is proper in this county because the trust assets are located in this county; please clarify where the Trustee resides (“principal place of administration of the trust”). See PrC§17005(a)(1).
• Who or what is “Title” (line 12 on page 3): “Said resignation was not notarized and therefore Title cannot accept it.”?
• Body of Petition omitted the names and mailing addresses of those entitled to notice (PrC§17201).
• Please provide a copy of the Letters of Administration for William Schumann.
• It appears necessary that the court set a bond pursuant to PrC§15602(a)(3), however petition did not request a bond, nor did it allege the amount of bond that would be appropriate.
• Proposed Order did not include any court findings, including that of notice (PrC§1260).
Recommend continuance to 06/26/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-25-000054 ESTATE OF LOUIS EDWARD WEBB
Hearing on Petition for Letters of Administration:
• Petition item 3d(7) reflects that the estimated total value of decedent’s estate is under the threshold for formal probate.
o 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. Declaration filed 03/04/25 submitted to Judge for determination.
Hearing required.
Appearance by petitioner and petitioner’s counsel required (Anyone wishing to appear remotely may do so by telephone, using VCourt).
PR-25-000055 ESTATE OF PHILLIP JOHNSON
Hearing on Petition for Letters of Administration:
Petitioner is a nominee of the person with priority for appointment.
The notices (mailed, published) included an alias for decedent, PHILLIP MARVIN JOHNSON.
Recommend court order the decedent’s alias included in the court’s file, to wit: ESTATE OF PHILLIP JOHNSON, AKA PHILLIP MARVIN JOHNSON.
Recommend approval of petition.
Recommend Inventory Review Hearing 09/11/25 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).
9:30am
PR-23-000308 ESTATE OF GEORGE DOUGLAS BIXLER, SR.
Court Trial continued from 11/19/24 (3 Day Estimate):
Appearances mandatory.
WEDNESDAY, MARCH 12, 2025
Department 22
8:30 a.m.
439972 MATTER OF JANELLE BOZARTH SPECIAL NEEDS TRUST
Hearing on Seventh Account and Report of Trustee, Petition for Settlement of Account; for Allowance of Fees to Petitioner, and for Allowance of Attorney Fees continued from 01/30/25:
On 01/30/25, counsel was directed to submit an ex parte petition to increase bond or an order the property cannot be sold without court approval prior to next hearing. Ex parte was rejected for corrections and at the time of review has not yet been resubmitted.
Prior notes remain:
• Report did not identify if increase or decrease in bond is necessary.
• Schedule C, Disbursements, appears to omit check number 1061. Please explain.
Recommend continuance to 04/11/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-21-000924 ESTATE OF CYNTHIA JOAN CULBRETH
(1) Hearing on Second PrC§12200 Status Report of Administration continued from 01/16/25:
• Corrected Notice of Hearing (file-marked 01/21/25) incomplete: Item 4a (date mailed) omitted date and Item 4b (place mailed) recited 3 cities. It is unclear the city and state from where the Notice of Hearing and copy of petition was mailed.
(2) Account Review Hearing:
Recommend continuance of both hearings to 04/11/25 to allow time to perfect notice and to file a Petition for Final Distribution.
Appearance not required (by VCourt if preferred).
PR-21-001275 ESTATE OF ERA MAE BRANCO, AKA MAE BRANCO
Account Review Hearing continued from 10/02/24:
On 10/02/24, the court directed that a Second PrC§12200 Status Report must be filed if estate is not in a position to be closed. Neither Petition for Final Distribution nor the Second 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-23-000411 ESTATE OF ELIZABETH EILEEN MOSES
Account Review Hearing:
Final Inventory and Appraisal on file.
• Inventory and Appraisal omits characterization of decedent’s property [PrC§8850(c)]. This information will be needed prior to the closing of the estate.
Neither Petition for Final Distribution nor Second 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 45 days if estate is not in a position to be closed.
Recommend continuance to 07/01/25 to allow time for filing of above pleadings. If neither pleading is on file by the next hearing date, the court may issue an order to show cause for personal representative to appear pursuant to PrC§12202.
Appearance not required (by VCourt if preferred).
PR-23-000508 ESTATE OF JOSE JUAN SIMON
Account Review Hearing:
Petition for Final Distribution is not on file.
Need status of estate.
Appearance by counsel required (by VCourt if preferred).
PR-23-001273 ESTATE OF ROBERT R. VERGARA
Account Review Hearing:
Final Inventory and Appraisal on file.
• Inventory and Appraisal omits characterization of decedent’s property [PrC§8850(c)]. This information will be needed prior to the closing of the estate.
On 10/02/24, the court ordered that the PrC§12200 Status Report is due by this date if the Petition for Final Distribution is not on file. 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 07/15/25 to allow time for filing of above pleadings. If neither pleading is on file by the next hearing date, the court may issue an order to show cause for personal representative to appear pursuant to PrC§12202.
Appearance not required (by VCourt if preferred).
PR-24-000300 ESTATE OF CHARLOTTE K. PADEN
Hearing on Petition for Probate continued from 05/08/24, 08/14/24, 10/23/24:
Examiner notes the heading of Petition has checkmarks in boxes for both “Petition for Probate of Lost Will and for Letters Testamentary” and for “Letters of Administration”; however, a copy of a Will was attached to the petition which names the petitioner as executor; therefore, this petition appears to be a Petition for Probate of Lost Will and for Letters Testamentary.
The following prior notes remain:
• Attachment 3f(3) omitted from Petition (Declaration regarding lost will purs. PrC§6124). See also PrC§8223.
• Petition item 8 must list all those named in Will in any capacity whether or not they are named as beneficiaries under the Will. Declaration did not cure this defect.
• Affidavit of publication not on file at time of review. See Local Rule 8.12.
• Form DE-150, Letters, not submitted as its own separate document.
• Petition, Item 8 mentions 3 individuals and reflects as trustee and trust beneficiaries. A copy of the Trust was not attached or addressed in the supplement.
• Item 4 on Proposed Order (submitted 08/08/24) does not agree with request in Petition. Petition did not address/request any IAEA authority.
New note: Form DE-121 Notice of Petition to Administer Estate on file, but defective: See defects recited above. Without a copy of the trust on file, it is unclear if all beneficiaries were served. Also, all those named in the Will were not served.
On 10/23/24, the court indicated if defects not cured by next hearing, matter may be dismissed.
Appearance by personal representative and counsel required (Anyone wishing to appear remotely may do so by telephone using VCourt).
PR-24-000798 ESTATE OF MELVA JEAN JORDAN
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
• Inventory and Appraisal omits characterization of decedent’s property [PrC§8850(c)]. This information will be needed prior to the closing of the estate.
Recommend Account Review Hearing 10/16/25 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).
PR-24-000831 ESTATE OF EUTIGUIO ORTEGA DEANDA, AKA E. O. DEANDA
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 10/16/25 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).
PR-24-000838 ESTATE OF TYRONE RAYMOND KNELLER, JR.
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
• Inventory and Appraisal omits characterization of decedent’s property [PrC§8850(c)]. This information will be needed prior to the closing of the estate.
• Attachment 1 appears to have been omitted.
Corrected Final Inventory and Appraisal must be filed before next hearing.
Recommend Account Review Hearing 11/19/25 when PrC§12200 Status Report will be due, if Petition for Final Distribution is not on file.
Appearance not required (by VCourt if preferred).
PR-23-000496 ESTATE OF GILBERT LOPEZ, AKA GILBERT LORIGO LOPEZ, SAMMY LOPEZ
Hearing on Petition for Final Distribution, Settlement of First and Final Account, Allowance of Compensation of Personal Representative and Allowance of Attorneys Fees, Waiver of Account:
• Caption of pleading and notice thereon did not include report of administration as required by PrC§10954(c).
• Please supplement to explain the nature of the $10,237.11 expenses described in paragraph 18. It is unclear if petitioner is requesting reimbursement of these expenses from the estate. This appears to be a disbursement from the cash on hand. An itemization of these expenses may be needed.
Recommend continuance to 05/09/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-23-000538 ESTATE OF PATRICIA JEAN KESTERSON, AKA PATRICIA J. KESTERSON
Hearing on First and Final Report of Executors Upon Waiver of Account and Petition for Settlement Thereof; for Allowance of Compensation for Ordinary Services; for Reimbursement of Costs Advanced, and for Final Distribution:
Recommend approval of petition and report.
Recommend Discharge Review Hearing 09/18/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-23-001140 ESTATE OF JAKE ALLEN ELZENGA, AKA JAKE ELZENGA, JR.
Hearing on PrC§12200 Status Report of Administration:
Notice appears complete.
Recommend court set a further Account Review Hearing 10/14/25.
Appearance not required (by VCourt if preferred).
PR-23-001183 ESTATE OF THOMAS GREGG JOHNSON, AKA THOMAS G. JOHNSON
Hearing on Petition for Letters of Administration:
This is a petition for appointment of a successor Administrator following the passing of the former Administrator.
Recommend approval of Petition.
• Need proposed Letters.
Recommend court order Letters issued 12/18/23 be discharged upon issuance of new Letters.
Recommend Account Review Hearing 09/11/25. A PrC§12200 Status Report will be due if the estate is not then in a position to be closed.
Appearance not required (by VCourt if preferred).
PR-24-000602 ESTATE OF TRISHA E. O’NEIL
Hearing on Report of Administration, Petition for Final Distribution on Waivers of Account, Waiver of Lawyer’s Statutory Fee, and Waiver of Executor’s Statutory Commission:
• Notice of Hearing not on file (PrC §§ 10830, 11000, 11601).
• Waivers of Accounting do not bear notary’s acknowledgement (Local Rule 8.69); Waivers must be filed separately and not attached to Petition (PrC§10954).
• Statement regarding family/affiliate relationship was not clearly stated [see PrC§1064(a)(4)].
• Computation of statutory compensation, including gains on sales, is required even when compensation is waived (see Local Rules 8.69, 8.83 J). The compensation calculation is incomplete.
• Statement regarding interest bearing accounts omitted [see PrC§1064(a)(5)].
• Line 23, page 3 of Report reflects that personal representative may not have complied with Probate Code section 9652 (keeping cash in an interest-bearing account). In addition although the report alleges there were not preliminary distributions Line 23 appears to allege that personal representative reimbursed herself an unspecified amount from the cash amounts of the estate without court approval. Please clarify.
These issues will be submitted to Judge for determination once other Notes are cured.
• Proposed Order not submitted at time of review.
Recommend continuance to 07/02/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-24-001167 MATTER OF ELDON & SHIRLEY MAWYER LIVING TRUST DTD 02/25/25, MAWYER SURVIVOR’S TRUST DTD 08/25/22
Hearing on Petition Regarding Internal Affairs of a Trust; Trust Contest, Elder Abuse and Disinheritance; Claim to Return Property Owned by Another; Double Damages, Attorneys Fees:
• It appears that jurisdiction may need to be determined by the court; Petitioner L. Mawyer is alleged to be the successor Trustee of the Eldon & Shirley Mawyer Living Trust and she resides in this county; Respondent J. Wiltz is alleged to be the successor Trustee of the Mawyer Survivor’s Trust (referred to as the “2022 Amendment” in the petition, and she is alleged to reside in San Joaquin County.
• Exhibit 1 (copy of the Living Trust) appears to be incomplete; Parts Three through Nine of the Living Trust, and the signatures of the grantors, were omitted. The exhibit stops on page 13 of the Trust.
Recommend continuance to 07/01/25 to allow petitioner time to file the complete Living Trust.
Appearance not required (by VCourt if preferred).
PR-25-000070 ESTATE OF CLIFFORD WILLIAM VILMUR
Hearing on Petition to Determine Succession to Real Property:
• Notice of Hearing not on file at time of review (PrC§§13153, 1220).
• 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).
Recommend continuance to 05/09/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
ADD-ON:
PR-20-001129 ESTATE OF STACEY CARLSON, AKA STACEY LEIGH CARLSON, STACEY MONAGHAN
RESERVED Hearing on Ex Parte Request to Appoint Third Party Special Administrator [PrC§8540(b)] set by email from the courtroom clerk:
If pleadings are not filed, reserved hearing will vacate.
THURSDAY, MARCH 13, 2025
Department 22
8:30 a.m.
PR-21-000186 ESTATE OF BONIFACIO ARSE TOBAR, AKA BONIFACIO TOBAR
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 Second 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 07/10/25 to allow time for filing of above pleadings. If neither pleading is on file by the next hearing date, the court may issue an order to show cause for personal representative to appear pursuant to PrC§12202.
Appearance not required (by VCourt if preferred).
PR-21-001394 ESTATE OF KATHLEEN M. DUGAN SMETHURST, AKA KATHY SMETHURST
Hearing on Amended Subsequent and Final Accounting on Retains Amended, and Report of Status of Administration Amended (file marked 02/28/25) continued from 10/30/24:
Receipts of distribution on file.
Prior defects cured.
Recommend approval of petition as supplemented.
Recommend Discharge Review Hearing 09/18/25.
Appearance not required (by VCourt if preferred).
PR-22-000201 ESTATE OF PAUL ANTHONY RODRIGUES, AKA PAUL A. RODRIGUES
Discharge Review Hearing continued from 07/25/24, 10/24/24:
Nothing filed since previous hearing. Prior Notes remain:
• Three receipts of distribution not on file (out of seven).
• Form DE-295, Ex Parte Petition for Final Discharge and Order, not yet submitted.
Recommend court issue Order to Show Cause to personal representative to appear and show cause why surcharge should not be imposed for failure to file proof of distribution. See Probate Code section 11753.
Appearance by personal representative and counsel required (by VCourt if preferred).
PR-22-000218 ESTATE OF GILBERT DANIELS, AKA GIL DANIELS
Hearing on Second Amended Report on Waiver of Account, Petition for Allowance of Compensation to Attorneys for Ordinary Services, Compensation to Administrator with Will Annexed for Ordinary Services, Reimbursement for Costs Advanced and for Final Distribution continued from 10/30/24:
• Need Proposed Order.
Recommend approval of petition and report.
Recommend Discharge Review Hearing 09/18/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-23-000706 ESTATE OF LAWRENCE ROY MARTIN
Related Trust matter PR-23-001118
Hearing on Competing Petition for Probate of Will and for Letters of Administration with Will Annexed (filed by Vickie Martin) continued from 04/03/24, 04/18/24, 08/08/24, 11/19/24, 12/20/24:
Nothing filed since previous hearing.
• Will was not witnessed. Declaration re: supporting evidence not on file. See PrC§§8221, 6110. Form DE-131 file-marked 12/05/24 does not appear adequate for this purpose, as a notary is not a subscribing witness as defined in the statute.
• Form DE-140, Proposed Order submitted 07/29/24:
o Heading omitted checkmark in box for IAEA authority.
o Heading and item 3 reflect appointment of an Executor, but the petitioner has sought appointment as Administrator with Will Annexed.
o Item 6 left blank (appointment of Probate Referee).
Objection filed – 09/03/24, by J. Baker, no proof of service attached or on file.
Hearing on Second Amended Petition (file-marked 04/15/24) for Letters of Administration (filed by Jennafer Baker) continued from 08/08/23, 09/27/23, 01/24/24, 04/18/24, 11/19/24, 12/20/24:
Nothing filed since previous hearing. Prior Notes remain:
• A new Notice of Petition to Administer Estate is necessary pursuant to CRC 7.53(a) as an Amended Petition was filed.
• Waivers of bond not on file for intestate heirs (see Probate Code section 6401). Bond may be required. Minimum bond would be $20,000.00 pursuant to Local Rule 8.33, maximum bond would be $280,000.00 pursuant to estimated value of estate alleged in the amended petition.
• Affidavit of publication not on file.
• Forms DE-140 and DE-150, Proposed Order and Letters, not submitted.
• A Will has been lodged; petition does not address decedent’s purported Will.
Objection filed – 10/10/24, by V. Martin.
On 12/20/24, the court ordered there would be no further continuances of this petition and that failure to perfect notice by today, 03/13/25, would result in dismissal of this petition.
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
On for trial-setting.
Appearance by self-represented petitioner mandatory, and appearance by counsel required (by VCourt if preferred).
PR-23-001118 VICKIE MARTIN AND LAWRENCE MARTIN REVOCABLE LIVING TRUST
Hearing on Petition for Conveyance of Real Property Claimed to Belong to a Trust continued from 01/11/24, 04/18/24, 08/08/24, 11/19/24, 12/20/24:
Three Objections filed. Jennafer Baker filed two different Objections.
On for trial-setting.
Appearance by three objectors (self-represented) mandatory, and appearance by petitioner’s counsel required (by VCourt if preferred).
PR-23-001030 ESTATE OF JONETTE MARTINE
(1) Order to Show Cause issued 10/29/24 to Dylan P. Hyatt, Esq.:
To appear and show cause for failing to appear at 10/29/24 hearing and failing to file Inventory and Appraisal as directed.
(2) Order to Show Cause issued 10/29/24 to Mike Martine:
To appear and explain why the Court should not issue sanctions and removal from office for failure to appear at 10/29/24 hearing.
Inventory Review Hearing continued from 05/01/24, 08/13/24, 10/29/24:
Letters issued 02/2/24. Inventory and Appraisal due 06/24/24.
Partial No.1 Final Inventory and Appraisal filed 06/21/24.
Final Inventory and Appraisal not on file. See Local Rule 8.41 B.
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 counsel and personal representative required (by VCourt if preferred).
PR-24-000496 ESTATE OF LENA FRANCES RAMIREZ, AKA LENA F. RAMIREZ
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 11/19/25 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).
PR-24-000632 ESTATE OF CRISANTA DIAZ ORDAZ, AKA CRISANTA DIAZ
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Acknowledgement of Receipt of Deposit of Funds not yet on file.
• There appears to be a mathematical discrepancy on Attachment 1. The total should be $980.51. Thus, the total appraised value is also incorrect.
Recommend Account Review Hearing 10/15/25 when PrC§12200 Status Report will be due, if Petition for Final Distribution is not on file.
Corrected Inventory and Appraisal must be filed before next hearing.
See Local Rules 8.82 and 8.41 B.
Appearance not required (by VCourt if preferred).
PR-24-000711 ESTATE OF BILLY RANDELL JONES, AKA BILLY R. JONES
Hearing on Petition for Letters of Administration continued from 08/27/24:
Pleading previously deemed to be an objection filed – 10/11/24.
• On 10/25/24, the court set a deadline of 11/25/24 for objector to pay the first appearance fee of $435.00 with the clerk’s office or obtain a Fee Waiver, and for objector to file proof of service of the 10/11/24 Objection on all interested parties and their attorneys. Proof of service not on file; court fee has been neither waived nor paid.
Proposed bond of $165,000.00 appears adequate based on estimated value of estate alleged in the petition. Petitioner also seeks court order that an unstated amount of money be deposited into a blocked account at a bank in Ohio. Issue of bond and blocked account submitted to court for determination.
Appearance by petitioner’s counsel required (by VCourt if preferred).
PR-24-000836 ESTATE OF KWEI-CEE CHU
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 11/13/25 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).
PR-22-000573 ESTATE OF INGRID M. BRYSON-WHYTE
Hearing on Report of Administrator on Waiver of Account and Petition for Compensation to Administrator and Attorney for Ordinary Services and for Final Distribution:
Notes have been cured.
Recommend court on its own motion set aside the 12/03/24 order suspending the personal representative.
Recommend court discharge the Orders to Show Cause issued 12/03/24 to Administrator and counsel.
Recommend court vacate the corresponding hearings of 04/15/25.
Recommend approval of Report and Petition as supplemented.
Need new proposed Order which corrects when the court lifted the suspension (lines 11 through 14 on page 2).
Recommend Discharge Review Hearing 09/18/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-23-000053 ESTATE OF BRADLEY CONLEY
Hearing on Second PrC§12200 Status Report of Administration:
Notice appears complete.
Recommend court allow estate to remain open and set a further Account Review Hearing 02/11/26.
Appearance not required (by VCourt if preferred).
PR-23-001011 ESTATE OF DANIEL RAY SEMONE, AKA DANNY SEMONE, DANNY R. SEMONE
Hearing on Report on Waiver of Account, Petition for Allowance of Statutory Compensation to Attorneys for Ordinary Services, Statutory Compensation to Administrator for Ordinary Services, Reimbursement to Attorneys for Costs of Advanced, Retain of Reserve for Closing Expenses, and for Final Distribution:
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 09/18/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-24-000029 ESTATE OF FRANK ADAMS
Hearing on Report on Waiver of Account and Petition for Final Distribution, Allowance of Compensation to Administrator and Attorney for Ordinary Services; and Confirmation of Costs and Allowance of Reimbursement to Attorney for Costs Advanced to the Estate:
Recommend approval of Report and Petition.
Recommend court vacate Account Review Hearing of 04/16/25.
Recommend Discharge Review Hearing 09/18/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-24-001169 MATTER OF ARLEN P. KOEN AND ELLA MAE KOEN 1997 LIVING TRUST
Hearing on Petition for Determine the Existence of a Trust, Appointment of a Successor Trustee and Naming a Beneficiary of the Trust:
Note has been cured.
Recommend approval of petition if no one appears to object.
Appearance not required (by VCourt if preferred).
PR-25-000071 ESTATE OF DONALD GENE KEELING
Hearing on Spousal Property Petition:
Notes have been cured.
New Note: please provide a description of the chain of title of the real property, and a copy of all recorded grant deeds (that have not already been filed). For example, there was apparently a transfer to a trust prior to the transfer to the LLC (ref: Deed attached as Exhibit B to the Supplement file-marked 03/04/25).
Proposed Order not yet submitted.
Recommend continuance to 05/09/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-25-000073 ESTATE OF ROLF BUCHELI
Hearing on Petition for Probate of Will and for Letters Testamentary:
• Form DE-147, Duties and Liabilities: item 2 omitted the petitioner’s telephone number.
• Petition item 8 must include the relationships of all those listed to the decedent.
• Declination of fist named executor not on file. See Local Rule 8.18.
Recommend continuance to 05/09/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
FRIDAY, MARCH 14, 2025
Department 22
8:30 a.m.
29752 THE ZIA EVANS TRUST
Hearing on Twenty-Fifth Account and Report of Trustee and Petition for its Settlement, and for Confirmation of Trustee Fees and Attorney Fees continued from 01/07/25:
Nothing filed since last hearing. Prior notes remain.
• Please provide the investment account statements from the end of the account period [PrC§2620(c)(1)].
• Please clarify the $703.55 in ‘cost advances’ referenced in Paragraph 12. There does not appear to be a schedule or exhibit regarding ‘costs’ or ‘cost advances’. Additionally, Schedule F reflects a 01/17/23 expense paid to counsel for ‘professional services’ which the Petition (Paragraph 12) describes as both fees approved by the court in the prior accounting, fees paid for the current account period but not yet approved, and ‘cost advances’; in future accountings, please do not lump all of these together in the schedule with the description of ‘attorney fees’, please break it down clearly.
Recommend continuance to 05/16/25 to allow time to provide additional information.
Appearance not required (by VCourt if preferred).
PR-22-000455 ESTATE OF MARIE NICKSON
Hearing on First & Final Account, Report of Administrator, Petition for Allowance of Statutory Fees to Personal Representative and Attorney, and for Final Distribution continued from 02/05/25:
Prior Notes have been cured.
Recommend the court consider admonishing Administrator and Administrator’s counsel they must not hold liquid estate assets in the attorney’s attorney-client trust account as no interest will accrue to benefit the estate. See PrC section 9652.
Recommend approval of Account and Petition.
Recommend Discharge Review Hearing 09/18/25 pursuant to Local Rule 8.92.
Appearance by personal representative and counsel required (by VCourt if preferred).
PR-22-001282 ESTATE OF HARRY P. BELLETTO
Hearing on Amended Second PrC§12200 Status Report of Administration (file marked 02/11/25) continued from 01/29/25:
Prior defects cured.
Notice appears complete.
Recommend court set a further Account Review Hearing 03/17/26.
Appearance not required (by VCourt if preferred).
PR-23-000345 ESTATE OF STEVE MASON
Related trust case PR-24-001092
Letters of Special Administration in effect and shall expire upon issuance of Letters of general administration; PrC§9760 special power expired by operation of law 02/11/24 (six months after approval).
Hearing on Petition for Probate of Will and for Letters Testamentary continued from 05/04/23, 08/09/23, 11/14/23, 03/12/24, 05/22/24, 09/17/24, 01/14/25:
Objection was dismissed 09/16/24.
If no one appears to object to the Petition for Termination and Discharge, recommend court dismiss the petition for probate without prejudice.
Hearing on Petition for Termination of Proceedings and Discharge of Special Administrator continued from 11/13/24, 01/14/25:
Notice of hearing of this continued hearing appears complete.
If no one appears to object, recommend approval of petition.
Appearance by counsel required pursuant to language used in the proposed Order (which reflects that counsel appeared) (by VCourt if preferred).
PR-23-000797 ESTATE OF FRANK HERNANDEZ
Hearing on First and Final Report of Administrator; Petition for Attorney’s Statutory Fees and Costs; Petition for Extraordinary Attorney Fees; and Petition for Final Settlement and Distribution of Estate Upon Waiver of Accounting continued from 01/30/25:
Nothing filed since previous hearing.
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 08/21/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-23-001007 ESTATE OF DAVID BRADLEY, AKA DAVID LESLIE BRADLEY, DAVID L. BRADLEY
Hearing on PrC§12200 Status Report of Administration continued from 02/11/25:
Nothing filed since previous hearing. Prior Notes remain:
• Notice of Hearing on Status Report is incomplete: Item 2 on proof of mailing omitted address of person who served the notice.
• Status report did not indicate how much time is estimated to close the estate or the condition of the estate.
Appearance by counsel required (by VCourt if preferred).
PR-23-001082 ESTATE OF TERRY WAYNE MONKHOUSE AKA TERRY W. MONKHOUSE, TERRY MONKHOUSE
Hearing on PrC§12200 Status Report of Administration continued from 02/04/25:
Notice appears complete. Prior defects cured.
Recommend court set a further Account Review Hearing 09/11/25.
Appearance not required (by VCourt if preferred).
PR-24-000911 ESTATE OF RADELLA MARIE REYES
Hearing on Amended Petition (file-marked 09/25/24) for Letters of Administration continued from 09/25/24, 01/08/25:
• Affidavit of publication file-marked 02/28/25 reflects the published notice included a request to admit decedent’s will and codicils, if any, when the petition alleges decedent died intestate. See the FAQ regarding publication posted online here: https://www.stanislaus.courts.ca.gov/divisions/probate/probate-faqs
o Republication will not be reimbursable.
• Issue of bond to be submitted to court for determination once above note is cured: Petitioner alleges estate has $0.00 value but seeks court order that bond not be required and that “all funds” be deposited in a blocked account at US Bank.
Recommend continuance to 04/15/25 to allow time for third publication.
Appearance not required (by VCourt if preferred).
MONDAY, MARCH 17, 2025
Department 23
01:30 p.m.
PR-21-001118 AVILA REVOCABLE TRUST
(1) Hearing on Petition for Instruction Related to the Payment of Fees and Costs – filed by Co-Trustee, Rosemary Avila Macedo:
Notice appears complete.
Objection filed 01/31/25 – by Co-Trustee, George D. Avila
Objection filed 02/04/25 – by Arnaldo George Avila and George D. Avila
Per 02/06/25 minute order, matter to coincide with Settlement Conference on 03/17/25. If this matter does not resolve, it may be set back on Department 22’s 8:30a.m. calendar for Status Review.
(2) Settlement Conference:
Appearances for both hearings mandatory.
Any person wishing to appear remotely must obtain the court’s permission to appear via VCourt by contacting the courtroom clerk.
PR-22-000454 AVILA REVOCABLE TRUST #3
Settlement Conference:
Appearances mandatory.
Any person wishing to appear remotely must obtain the court’s permission to appear via VCourt by contacting the courtroom clerk.
TUESDAY, MARCH 18, 2025
Department 22
8:30 a.m.
PR-18-000650 ESTATE OF JOELLA SARGENT
Account Review Hearing:
• 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 08/06/25 to allow time for filing of above pleadings.
Appearance not required (by VCourt if preferred).
PR-19-000278 ESTATE OF KARILYN LOUISE READSHAW
Account Review Hearing continued from 10/16/24:
On 10/16/24, the Court continued the Account Review Hearing to allow time to file an Amended First Account Current and Report or final distribution if the estate is in a position to be closed.
• Neither Petition for Final Distribution nor Amended First Account Current and Report are on file at the time of review. See Local Rule 8.82.
Need status.
Appearance by counsel required (Anyone appearing may do so in person or remotely, by telephone, using VCourt).
PR-23-000279 ESTATE OF THOMAS ALVIN MOON
Account Review Hearing:
Neither PrC§12200 Status Report nor Petition for Final Distribution are on file.
Bond rider not on file following court’s order file-marked 10/17/24.
Recommend court issue an Order to Show Cause to personal representative and counsel to appear and show cause why court should not impose surcharge and/or suspend or remove the personal representative from office for failure to file bond as ordered. See PrC section 8480(c), CRC rule 7.204.
Appearance personal representative and counsel required (by VCourt if preferred).
PR-23-001091 ESTATE OF CAMERON K. SCHLICHT
Account Review Hearing:
See Local Rule 8.82. Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
Recommend court order the personal representative to file a PrC§12200 Status Report (with Notice pursuant to statute) within 90 days if estate is not in a position to be closed.
Recommend continuance to 08/07/25 to allow time for filing of above pleadings. If neither pleading is on file by the next hearing, 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-24-000282 ESTATE OF ELIZABETH C. ESQUIVEL
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 11/20/25 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).
PR-24-000710 ESTATE OF DELLA ROSE REISER, AKA DELLA R. REISER
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
On 01/09/25, the Court ordered proceeds from sale of real property to be deposited in blocked account.
Form MC-356 Acknowledgement of Receipt of Order and Funds for Deposit in Blocked Account for deposit of funds with F&M Bank not yet on file.
Need status of sale of property.
Appearance required (by VCourt if preferred).
PR-24-000821 ESTATE OF ALFONSO MIRANDA AYALA, AKA ALFONSO M. AYALA, ALFONSO AYALA
Inventory Review Hearing:
Letters issued 10/08/24. Inventory and Appraisal due 02/10/25.
Final Inventory and Appraisal not on file.
A PrC§12200 Status Report has been filed and set for hearing 03/27/25.
Personal representative is referred to a California Decedent’s Estate Practice Guide. A Final Inventory and Appraisal is statutorily required even in an estate that has no assets as of the deadline for filing the I&A.
Recommend continuance to 03/27/25 to coincide with hearing already set.
Appearance not required (by VCourt if preferred).
PR-24-000846 ESTATE OF EDWARD RODRIGUEZ
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Inventory and Appraisal omits characterization of decedent’s property [PrC§8850(c)]. This information will be needed prior to the closing of the estate.
Petition for Final Distribution has been filed and set for hearing on 04/17/25.
Hearing of 04/17/25 will be confirmed.
Appearance not required (by VCourt if preferred).
PR-25-000031 ESTATE OF MARJORIE LUCILLE SPEAKS
Letters of Special Administration expire today unless extended.
Hearing on Petition for Letters of Administration continued from 02/26/25:
Prior Notes remain:
• Petition item 8 did not include the proposed personal representative (Local Rule 8.26 D).
• Affidavit of publication file-marked 01/28/25 reflects the notice did not include petitioner’s request for to be appointed as personal representative of this decedent’s estate. See PrC§8100. Republication will not be reimbursable.
Appearance by counsel required (by VCourt if preferred).
PR-22-000875 ESTATE OF J. JESUS JIMENEZ
Hearing on PrC§12200 Status Report of Administration:
• Notice of Hearing not on file (PrC§12201).
• Report not verified by the personal representative. See CRC rule 7.103(c).
• The report contains an allegation that the estate administration has been slow because parties reside in Mexico. Please specify who resides in Mexico. (The Second Amended Petition gave an address in the United States for all interested parties. The proof of service attached to the Report reflects a copy was served on all interested parties at U.S. addresses.)
• The Report, signed by counsel on 01/03/25, reported that the estate was estimated to be ready to close within 45 days. By the time this hearing takes place, it will be nearly 30 days after the date counsel reported the estate would be ready to close.
Recommend continuance to 05/16/25 to allow time to either cure the defects or file a Petition for Final Distribution.
Appearance not required (by VCourt if preferred).
PR-23-000794 ARNOLD JAMES ROTHLIN REVOCABLE TRUST, DTD DECEMBER 14, 2005
Hearing on Motion for Judgment on the Pleadings filed by Elizabeth Laffranchini:
SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/…
PR-24-000243 ESTATE OF YOUASH DANIELOADEH
Hearing on Report of Administrator on Waiver of Account and Petition for Allowance of Statutory Compensation to Administrator and Attorney for Ordinary Services, for Costs of Administration, Reimbursement of Expenses Advanced, Reserve for Closing Expenses and for Final Distribution:
• Any costs incurred by the personal representative for her attendance at the decedent’s funeral is not a reimbursable expense ($339.98).
• Funeral expenses would appear to fall under PrC§9000 (creditor’s claims), and pursuant to PrC9252, Administrator’s creditor’s claim was not submitted to the court for allowance or rejection. Please supplement the pleading with documentation to support the funeral expenses (invoices, receipts, etc.).
Recommend continuance to 05/20/25, to coincide with Account Review Hearing already set, to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-24-000286 ESTATE OF PRADEEP SINGH
Hearing on First and Final Account; Report of Administration; Allowance of Compensation to Administrator for Ordinary Services; Allowance of Compensation to Attorney for Ordinary Services; Request for Reimbursement to Petitioner; and Petition for Final Distribution:
Recommend approval of petition and report as supplemented.
Recommend Discharge Review Hearing 09/18/25 pursuant to Local Rule 8.92.
Recommend court vacate Account Review Hearing 07/01/25.
Appearance not required (by VCourt if preferred).
PR-24-000488 ESTATE OF LEO HARLEY SCHUBER, JR., AKA LEO H. SCHUBER, JR., AKA LEO SCHUBER, JR.
Hearing on Report of Executor, Petition for Final Distribution on Waiver of Accounting and for Allowance of Compensation for Statutory Services:
Recommend approval of petition.
Recommend Discharge Review Hearing 09/18/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-24-001191 MATTER OF LIVING TRUST OF ORALIA E. BAUTISTA
Hearing on Petition for Order Determining Trust’s Title to Personal Property:
Notice appears complete.
If no one appears to object, recommend approval of petition.
Proposed Order omitted finding regarding notice. See PrC§1260.
Appearance not required (by VCourt if preferred).
PR-25-000077 ESTATE OF DON HENRY ANDRINO
Hearing on Petition for Letters of Administration:
The proposed personal representative is a nominee of a person entitled to letters but who does not have priority. Purs. to PrC§8465(c), the court in its discretion may appoint either the nominee or a person of a class lower in priority to that of the person making the nomination. At the time this note was prepared, no other person with greater or less priority had yet filed a competing petition.
Proposed bond of $450,000.00 appears adequate.
Appearance by counsel required (by VCourt if preferred).
PR-25-000078 ESTATE OF KENNETH JAMES MAXWELL
Hearing on Petition for Letters of Administration:
Recommend approval of petition.
Recommend Inventory Review Hearing 09/23/25 pursuant to Local Rule 8.41B.
Appearance not required (by VCourt if preferred).
PR-25-000080 ESTATE OF SUE JANKE, AKA SUE MORSE AKA SUE JANKE-MORSE, AKA SUE ANNE JANKE MORSE, AKA SUE A. MORSE, AKA SUE A. JANKE
Hearing on Petition for Letters of Administration:
Recommend approval of petition.
Recommend Inventory Review Hearing 09/23/25 pursuant to Local Rule 8.41B.
Appearance not required (by VCourt if preferred).
WEDNESDAY, MARCH 19, 2025
Department 22
8:30 a.m.
PR-22-001112 ESTATE OF LESLIE LAWRENCE NEWTON, JR.
REVIEW IN PROGRESS. PLEASE CHECK BACK
PR-23-000646 ESTATE OF ROSEMARIE DEJONG
Hearing on Petition for Final Distribution of Estate on Waivers of Accounting; First and Final Report of Administrator; Petition for Allowance of Attorney Statutory Fees and Costs continued from 11/07/24:
Nothing filed since last hearing. Prior notes remain:
• Notice of Hearing not on file (PrC §§ 10830, 11000, 11601).
• The Petition has the following defects:
o Paragraph 2, page 2 – date of Letters incorrect. Letters of Administration were issued 09/27/23.
o Statement regarding family/affiliate relationship appears incomplete as the statement is not disclosing any family or affiliate relationship [see PrC§1064(a)(4)].
o Caption of pleading appears inadequate as personal representative is seeking ordinary compensation not attorney’s fees [see Probate Code § 10830, California Rule of Court 7.102, Local Rule 8.83L].
o Paragraph 22: calculation of statutory compensation appears incorrect. The fee base is the appraisal value of all assets as of the date of death, which is to say, the value reflected in the Final Inventory and Appraisal with the change in value due to sale of the assets reflected as gain or loss of sale. The corrected Final Inventory and Appraisal reflects a value of $352,758.77.
o Exhibit 1 itemizes property for distribution in which the petition alleges was sold. Please clarify property on hand for distribution and the exact amount to be distributed to each beneficiary. This must include amounts in addition to percentage values.
o Exhibit 2 (Proposed Distribution) appears to reflect a property not listed in the petition (Line 9 and 10).
• Proposed Order not submitted.
Need status of petition.
Appearance required (Anyone wishing to appear remotely, may do so by telephone, using VCourt).
PR-23-000753 ESTATE OF BETTY JEAN WHITTLES
Inventory Review Hearing:
Letters issued 09/03/24. Inventory and Appraisal due 01/03/25.
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-23-000754 ESTATE OF RICHARD ALLEN WHITTLES
Inventory Review Hearing:
Letters issued 09/03/24. Inventory and Appraisal due 01/03/25.
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-23-000755 ESTATE OF THOMAS RAY WHITTLES
Inventory Review Hearing:
Letters issued 09/03/24. Inventory and Appraisal due 01/03/25.
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-23-000805 ESTATE OF JAMES DENNIS HOWARD
Account Review Hearing:
Do not recommend further continuance of the Account Review Hearing.
Hearing on Waivers of Accounting; Report of Administration; Allowance of Compensation to Attorney for Ordinary Services; and Petition for Final Distribution of Estate:
• Report paragraph 7 (creditor’s claims) does not appear complete pursuant to California Rules of Court rule 7.403.
• Report paragraph 19 was left blank (actions taken under the IAEA, or statement that no such actions were taken). (CRC 7.250 and Local Rule 8.83 N).
• Executor included receipts in the calculation of statutory compensation; please provide a Schedule of Receipts for verification.
• It appears that there is insufficient liquidity in the estate to pay attorney’s compensation. Please clarify how fees will be paid.
Recommend continuance to 05/16/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-23-000992 ESTATE OF SAMUEL ARAIZA REGALADO
(1) Account Review Hearing:
Recommend court drop this hearing as Petition for Final Distribution is on file.
(2) Hearing on Petition for Final Distribution of Estate on Waivers of Accounting; First and Final Report of Administrator; Petition for Allowance of Statutory Fees and Costs continued from 02/13/25:
• Waivers of Accounting not on file (Local Rule 8.69).
• Notice of Hearing not on file (PrC §§ 10830, 11000, 11601).
• Proposed Order not submitted.
Need status of petition.
Appearance by petitioner (self-represented) required (Anyone appearing may do so in person or remotely, by telephone using VCourt).
PR-24-000291 ESTATE OF MUSED AHMED ZOKARI, AKA MUSED A. ZOKARI
Inventory Review Hearing continued from 11/06/24:
Nothing filed since previous hearing.
Letters issued 05/08/24. Inventory and Appraisal due 09/09/24. Final Inventory and Appraisal not on file. See Local Rule 8.41 B.
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 Executor and counsel required to receive the court’s order (by VCourt if preferred).
PR-24-000426 ESTATE OF RAUL PALAZUELOS
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 11/13/25 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).
PR-21-001353 ESTATE OF KENNETH LEE GARDNER, AKA KENNETH L. GARDNER, KENNETH GARDNER
Hearing on First and Final Account and Report of Administrator and Petition for Settlement Thereof; for Allowance of Compensation for Ordinary Services; for Reimbursement of Costs Advanced; and for Final Distribution:
The current bond is not adequate and has not been adequate since the sale of the second vehicle on 11/14/24. Administrator did not file ex parte for increase of bond.
Recommend approval of Account and Petition.
Recommend court vacate Account Review Hearing of 04/15/25.
Recommend Discharge Review Hearing 10/16/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-23-000805 ESTATE OF JAMES DENNIS HOWARD
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 03/19/25 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).
PR-23-001258 ESTATE OF BARBARA MARLENE CRAIG, AKA BARBARA M. CRAIG
Hearing on First and Final Account and Report of Executor and Petition for Settlement Thereof; for Allowance of Compensation for Ordinary Services; for Reimbursement of Costs Advanced; and for Final Distribution:
Recommend approval of petition and report.
Recommend Discharge Review Hearing 10/16/25 pursuant to Local Rule 8.92.
Recommend court vacate Account Review Hearing 09/25/24.
Appearance not required (by VCourt if preferred).
PR-24-000274 B AND E SMITH 2015 REVOCABLE TRUST
Hearing on First Account and Report of Trustee of the B and E Smith 2015 Revocable Trust Dated December 30, 2015 (Filed by Alicia Costa, Trustee):
• Notice of Hearing (file marked 11/12/24) has the following defects:
o Copies of the Petition were not provided with the Notice of Hearing (item 5 on page 2 of the Notice of Hearing). See PrC§17203(b).
o Item 4b, Page 2 incomplete (place mailed).
Objection to First Account and Report filed (by Rickey Wayne Smith)
• It appears the objection was not mailed to counsel for Guardian ad Litem who requested special notice.
Hearing on Petition for Accounting, Return of Trust Property, Conversion, Breach of Fiduciary Duty (and Surcharge and Removal of Trustee), Financial Elder Abuse and Isolation, and Intentional Interference with Expected Inheritance continued from 05/16/24, 09/05/24, 03/19/25:
Objection filed (by Alicia A. Costa, Trustee)
Prior defects cured.
On 09/05/24, Matter was continued to allow time for counsel to meet and confer for possible resolution before setting trial. Need status of meet and confer efforts.
Possible long-cause matter.
Appearance by counsel for petitioner and objector required (by VCourt if preferred).
PR-24-000473 ESTATE OF MAX ANTHONY MOTA, JR., AKA MAX MOTA, JR.
Hearing on First and Final Report of Administrator upon Waiver of Account, and Petition for Settlement Thereof, for Allowance of Compensation for Ordinary Services; for Reimbursement of Costs Advanced; and for Final Distribution:
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 10/16/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-25-000081 ESTATE OF PAMELA JOAN BARNUM, AKA PAMELA J. BARNUM
Hearing on Petition for Probate of Will and for Letters Testamentary:
Item 6 was left blank, reflecting that the decedent was not survived by parents or issue of parents. A family tree would be helpful. See PrC§6401(c)(2)(B).
Please provide additional detail as to Exhibit A. When was the dissolution action initiated? What was the final disposition of the dissolution action (dismissed? If so, by whom and when?)
Recommend continuance to 05/01/25 to allow time to address probate notes.
Appearance not required (by VCourt if preferred).
PR-25-000087 ESTATE OF LEO PAUL CICCARELLI, II
Hearing on Petition for Probate of Will and for Letters of Administration with Will Annexed:
• Petition item 8 must include names as they are spelled in the will. To identify the correct individuals, “AKA’s” may be used.
• Will is not self-proving per Local Rule 8.23. Proof of Subscribing Witness (Form DE-131) not on file.
• Affidavit of publication file-marked 03/04/25 reflects the following defects (republication will not be reimbursable):
o Notice was published in a newspaper that has not been determined to be of general circulation in the city where decedent resided at time of death. Please see court’s website: https://www.stanislaus.courts.ca.gov/divisions/probate/newspapers
o Notice did not include petitioner’s request for IAEA authority. See PrC§8100.
o Notice did not include petitioner’s request for probate of decedent’s will. See PrC§8100.
• Proposed Letters, Form DE-150, not yet submitted.
Recommend continuance to 05/01/25 to allow time to address probate notes.
Appearance not required (by VCourt if preferred).
THURSDAY, MARCH 20, 2025
Department 22
8:30 a.m.
2200802 ESTATE OF NORMAN M. REYNOLDS SR.
Discharge Review Hearing continued from 08/22/24, 12/18/24:
Nothing filed since previous hearing. Prior Notes remain:
Receipts of distribution of retains, and receipts of distribution to the County Treasurer not yet on file.
Appearance by counsel required (by VCourt if preferred).
PR-22-000148 ESTATE OF DONALD H. WAHL, AKA DONALD HUGH WAHL, DONALD H. WAHL, M.D.
Discharge Review Hearing continued from 04/04/24, 08/06/24, 11/19/24:
Nothing has been filed since previous hearing. Prior notes remain. Please address by next hearing.
Ten of Twelve Receipts of distribution are on file.
Pursuant to a revision in Local rule 8.68, If the Petition for Final Distribution is approved with a reserve of less than $5,000, the personal representative need not account for the reserve and may be discharged on the filing of an Ex Parte Petition for Final Discharge (Judicial Council form DE-295) that attaches conformed copies of the filed receipts only for the approved distribution.
Need additional receipts for 2 heirs and receipts of distribution for shares of stocks.
Recommend continuance to 07/09/25 to allow time to file the above pleadings.
Appearance not required (by VCourt if preferred).
PR-22-000458 ESTATE OF REDA FAYE RODGERS
Account Review Hearing on retained funds:
Receipts of Distribution are on file.
• All three receipts of distribution on file do not agree with the court’s order file-marked 09/13/24 (for a total of 20.79 difference in distribution amounts).
o Receipt of distribution to Kimberly A. Ayers aka Kimberly A. Rodgers was $6.93 less than the court’s order.
o Receipt of distribution to Trina L. Rodgers was $6.93 less than the court’s order.
o Receipt of distribution to Lana L. Rodgers was $6.93 less than the court’s order.
Supplemental declaration setting forth the disposition of the $5,088.94 reserve is on file.
Form DE-295, Ex Parte Petition for Final Discharge and Order, not yet submitted.
Appearance by personal representative and counsel mandatory (by VCourt if preferred).
PR-22-000545 ESTATE OF NETTIE MESTAS, AKA NETTIE V. MESTAS, NETTIE VIRGINIA MESTAS, VIRGINIA GARIPPO
Discharge Review Hearing:
• Six of the ten receipts of distribution on file do not agree with the court’s order file-marked 09/13/24.
o Receipt of distribution to personal representative as an heir was $492.04 greater than the court’s order.
o Receipt of distribution to Jeanetta Walton was $123.01 less than the court’s order.
o Receipt of distribution to Benjami Woody was $123.02 less than the court’s order.
o Receipt of distribution to Michael Chaffin was $61.51 less than the court’s order.
o Receipt of distribution to Eddie Woody (aka John Woody, Jr.) was $61.51 less than the court’s order.
o A receipt of distribution was signed by “Tammi Helms as Trustee of the Cynthia Lee Woody Special Needs Trust” when the court’s order was the funds be distributed to Cindy Woody.
• Supplemental declaration setting forth the disposition of the $5,000.00 reserve was not filed before or concurrently with Form DE-295. See 01/01/25 revision to Local Rule 8.68.
Form DE-295, Ex Parte Petition for Final Discharge and Order, was returned for correction on 03/06/25.
Recommend court issue Order to Show Cause to personal representative to appear and show cause why the court should not order a “claw back” of all distributed funds to ensure they are redistributed in accordance with the court’s order.
Appearance by personal representative and counsel mandatory (by VCourt if preferred).
PR-22-000684 FREDDIE JOE NORTHCUTT, AKA FRED J. NORTHCUTT
Discharge Review Hearing:
Receipts of Distribution on file.
Ex Parte Petition for Final Discharge has been received and recommended for approval.
Hearing will be vacated.
PR-23-000578 ESTATE OF ISELA M. BARBOSA
Discharge Review Hearing:
Receipt of Distribution to Probate Advance LLC on file. Need remaining receipts.
See Local Rule 8.92. Form DE-295, Ex Parte Petition for Final Discharge and Order, not yet submitted.
Recommend continuance to 07/09/25 to allow time for above pleadings to be submitted.
Appearance not required (by VCourt if preferred).
PR-24-000950 ESTATE OF SATYEN HARSHAD DESAI
(1) Hearing on Petition for Probate of Will and for Letters of Administration with Will Annexed (file marked 09/03/24) by Paresh Jayram Patel and Paresh Babubhai Patel continued from 10/08/24, 02/13/25:
Objection and Will Contest filed – 11/22/24 by Minal Satyen Desai
• Proof of service of Summons not yet on file pursuant to PrC§8250, CCP§415.10 et seq
Prior defects in petition file marked 09/03/24 cured.
• Need Proposed Order.
• Need Letters. Letters not submitted at time of review.
Per 02/13/25 minute order, if an agreement is reached, counsel shall submit a declaration prior to the next hearing. Declaration is not on file.
(2) Hearing on Spousal Property Petition (file marked 11/22/24 by Minal Satyen Desai) continued from 01/09/25, 02/13/25:
Notice appears complete.
Response and Objection filed – 01/08/25 by Yashasvi Desai
(3) Hearing on Subsequent Petition for Probate of Will and for Letters Testamentary (file marked 11/22/24 by Minal Satyen Desai) continued from 01/09/25, 02/13/25:
Prior defects cured.
Objection and Will Contest filed – 01/08/25 by Yashasvi Desai
• Proof of service of Summons not yet on file pursuant to PrC§8250, CCP§415.10 et seq
(4) Hearing on Petition for Letters of Special Administration with General Powers (file marked 11/27/24 by Minal Satyen Desai to appoint George McNitt, Esq.) continued from 02/13/25:
• Proof of Publication not on file at time of review. (PrC§8545).
• Letters not submitted at time of review.
(5) Hearing on Competing Petition for Letters of Special Administration with General Powers (file marked 02/03/25) by Yashasvi Desai to appoint Anthony Johnston, Esq):
Requested bond in the amount of $600,000 appears appropriate based on the value of the estate.
• Proof of Publication not on file at time of review. (PrC§8545).
• Notice of Petition to Administer Estate did not include notice to Guardian ad Litem for minor.
• Proposed Order not submitted at time of review.
• Letters not submitted at time of review.
On 02/13/25, matter of special administrator was continued to allow time to obtain weigh in from beneficiaries. Need status.
Hearing required.
Appearances required (by VCourt if preferred).
PR-24-001338 ESTATE OF JOHN H. RIEN
Hearing on Petition for Probate of Will and for Letters Testamentary continued from 01/28/25:
Nothing filed since last hearing. Prior notes remain:
• Will is not self-proving per Local Rule 8.23. Proof of Subscribing Witness (Form DE-131) not on file.
• Form DE-147 Duties and Liabilities not on file at time of review.
• Proof of notice not on file for the State Attorney General (PrC§§8111, 1209).
Recommend continuance to 05/20/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-22-000945 ESTATE OF DAVID DANIEL GOMEZ, AKA DAVID D. GOMEZ, DAVID GOMEZ
Hearing on Formal Accounting for Reserve of $2,500.00:
Recommend approval of accounting.
Recommend Discharge Review Hearing 10/16/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-23-001237 ESTATE OF TROY A. BORGES, AKA TROY BORGES, TROY ALAN BORGES
Hearing on Petition for Final Distribution of Estate Assets on Waivers of Accounting; First and Final Report of Administrator; Petition for Payment of Attorney Fees and Costs:
• Notice of Hearing not on file for the law office that filed a Request for Special Notice on 05/07/24. See PrC§1252. Report paragraph 22 and proposed Order paragraph 22 appear incorrect.
• There is neither a Form DE-174 Allowance or Rejection of Creditor’s Claim nor a release of claim on file for the Claim filed 07/05/24.
• Report paragraphs 17 (IAEA acts) and 20 (calculation of statutory compensation) each allege a different total loss on sale in this matter. Exhibit 1 agrees with paragraph 20 and not paragraph 17.
• Costs to be reimbursed to counsel in Exhibit 4 (proposed distribution) does not agree with either paragraph 3 of the Report or paragraph 4 of the prayer.
o Balance of cash remaining to be distributed and proposed distributions of cash therefore appear incorrect. Paragraph 8 on page 6 of the proposed Order is likewise incorrect.
Recommend continuance to 05/15/25, to coincide with Account Review Hearing already set, to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-23-001343 ESTATE OF KATRINA LOCKETT
Hearing on First and Final Report and Account of Personal Representative and Petition for its Settlement, for Allowance of Statutory Compensation to Personal Representative and Counsel for Personal Representative, for Allowance of Extraordinary Compensation to Counsel for Personal Representative, for Withhold, for Costs and for Final Distribution:
• The personal representative herself filed a Creditor’s Claim on 08/20/24. She has not yet submitted a proposed Form DE-174 Allowance or Rejection of Creditor’s Claim for the court to approve or reject her claim.
o It appears that the personal representative may have duplicated items from her 08/20/24 Creditor’s Claim in her request for reimbursement in this pleading. Once the court has received and ruled on a proposed Form DE-174 Allowance or Rejection of Creditor’s Claim, please supplement the pleading as to personal representative’s request for reimbursement.
X Mortgage payments ($600.00) paid after decedent’s death do not appear to fall under an allowable claim purs. to PrC§9000. Was this included in the request for reimbursement in the Petition before the court? It’s not clear from the Schedule of Liabilities for which the personal representative is seeking reimbursement (Report paragraph 24).
X “Lawyer fees” ($1,000.00) paid after decedent’s death do not appear to fall under an allowable claim purs. to PrC§9000. Was that a retainer paid to personal representative’s counsel? Is it the same as the 7/28/23 entry (different date from the Claim) in the Schedule of Liabilities for which the personal representative is seeking reimbursement (Report paragraph 24)?
• Report paragraph 30 reflects that notice was sent to the Victim Compensation Board nine days prior to the filing of this pleading. Please supplement the pleading to include an allegation of any response received from the Victim Compensation Board. See California Rules of Court rules 7.3 and 7.53.
• Exhibit 1 (costs): FedEx shipment costs (which is to say, postage) is considered to be a cost of doing business and is not reimbursable.
• Exhibit A (seller’s settlement statement): please explain the $25,000.00 debit to counsel for “legal fees for probate”. See PrC§1064(a)(3).
• Report paragraph 22 describes Exhibit C as a copy of the itemization for the law office’s extraordinary services, however Exhibit C appears to be a time study for all services, statutory and extraordinary (eleven pages, small font). Counsel must break the table down so the court can easily review the extraordinary services. The Probate Examiner and court will both See CRC rules 7.702-3.
• Report paragraph 22 (extraordinary fees) did not appear to include statement of appropriateness of paralegals’ services purs. CRC 7.703(e)(4).
o Paralegal’s hourly rate exceeds county norms.
• Proposed Order not yet submitted.
Recommend continuance to 06/17/25, to coincide with Account Review Hearing already set, to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-24-001192 BROWN FAMILY REVOCABLE TRUST
Hearing on Petition Concerning Internal Affairs of the Trust: 1) for Instructing the Trustee; 2) for Construing Trust Provisions and Determining Beneficiaries to Whom Property Shall Pass; 3) for Order to Recover Trust Property; 4) for Partition of Real Property; 5) for Double Damages, and 6) for Attorneys’ Fees and Costs:
REVIEW IN PROGRESS. PLEASE CHECK BACK.
PR-25-000089 ESTATE OF GONZALO MORA SANCHEZ, AKA GONZALO S. MORA, GONZALO SANCHEZ MORA, GONZALO MORA
Hearing on Spousal Property Petition:
• The exhibits were not labeled, but the first grant deed attached is illegible.
• Neither Attachment 7a or 7b described the percentage of interest of decedent and surviving spouse.
• Neither Attachment 7a or 7b included the assessor’s parcel number.
• Proposed Order:
o Case caption incomplete. Please include all the aliases included in the petition.
o Neither Attachment 5a or 7a included the percentage of interest of decedent and surviving spouse.
o Neither Attachment 5a or 7a included the assessor’s parcel number.
Recommend continuance to 05/02/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
PR-25-000101 ESTATE OF YESMIN ALEXANDER
Hearing on Petition to Determine Succession to Real Property:
• Please review the 01/01/25 revisions to California Probate Code sections 13151-3. Was the real property decedent’s personal residence?
• The original Disclaimer must be filed with the court (PrC§279).
• Attachment 13: A Disclaimer may not include an assignment of the disclaiming party’s interest to a particular individual. The disclaimed interest descends pursuant to statute (PrC§§282, 6401, 6402, 240).
o Attachment 14 reflects decedent was survived by four siblings including the petitioner. Pursuant to the Disclaimer, the disclaimed interest would descend to all four (PrC§§6401, 6402). Informationally: a Disclaimer, when effective, is irrevocable (PrC§§281, 279).
• The grant deed reflects decedent owned a 25% interest in the real property as “Joint Tenants” with two other individuals. Is this the *current* recorded grant deed? If so, pursuant to Attachment 14, it appears the other two individuals who held the property as joint tenants with the decedent are still alive.
o Recommend court require petitioner to submit points and authorities to support a petition for determination of succession of what appears to be a non-probate asset.
Recommend continuance to 05/16/25 to allow time to cure defects, file points and authorities.
Appearance not required (by VCourt if preferred).
PR-22-000576 ESTATE OF JACK D. BARNES
Discharge Review Hearing:
Ex Parte Petition for Final Discharge and Order has been submitted and approved.
Hearing has been vacated.
PR-22-000888 ESTATE OF JOHN CAMACHO GARCIA
Discharge Review Hearing:
Ex Parte Petition for Final Discharge and Order has been submitted and approved.
Hearing has been vacated.
PR-23-001098 ESTATE OF JUANITA JENNIE CARDONA, AKA JUANITA J. CARDONA, JUANITA CARDONA
Discharge Review Hearing:
Ex Parte Petition for Final Discharge and Order has been submitted and approved.
Hearing has been vacated.
FRIDAY, MARCH 21, 2025
Department 22
8:30 a.m.
PR-20-001119 ESTATE OF FRANK CLIFFORD CARSON
Hearing on First and Final Account, Petition for Final Distribution, Allowance of Statutory Executor’s Fees, Allowance of Statutory and Extraordinary Attorney’s Fees, Reimbursement of Costs, Extinguishment of Bond, and Request for Reserve continued from 09/26/24, 11/05/24, 01/10/25:
Nothing filed since previous hearing. Prior Notes remain:
• Date of death on page 1 does not agree with the Order for Probate file-marked 03/16/21.
o Examiner notes that the date of death reflected on the death certificate attached to Exhibit E agrees with this pleading and not the Order for Probate. This is not something that can be cured by a Supplement to the petition. See California Rules of Court rule 7.3.
o 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. See Probate Code section 8006(b).
• Supplement file-marked 12/19/24 entirely replaced the Accounting (Exhibit A). New Notice of Hearing appears required by CRC rule 7.53.
• Supplement file-marked 12/19/24: Exhibit A (Accounting), Schedule D (Disbursements), the following columns contain calculation errors: Subtotal of utilities, subtotal of insurance, subtotal of property taxes, subtotal of home selling expenses, total disbursements. The account does not balance.
• All items were rounded to the nearest dollar which is inappropriate.
Requests to be submitted to court’s determination once other notes are cured:
• Executor explicitly alleged that the estate is not ready to be closed, and seeks order that court allow the estate to remain open pending the wrongful death litigation pending before the US District Court, Eastern District of California.
o Executor titled this pleading a First and Final Account and Petition for Final Distribution rather than a First Account Current and Petition for Preliminary Distribution.
• Request for extinguishment of bond prior to discharge.
Recommend court issue order to show cause to Executor to appear and show cause why surcharge should not be imposed for failure to cure defects, perfect notice. A copy of the Order to Show Cause must be served on the surety company.
Appearance by Executor and counsel required (by VCourt if preferred).
PR-22-000730 ESTATE OF MARGARET JOLEEN THRASHER
Hearing on First Amended Account and Report of Administrator; Petition for its Settlement, for Allowance of Statutory Fees and Costs and for Final Distribution continued from 01/30/25:
REVIEW IN PROGRESS. PLEASE CHECK BACK.
PR-23-000552 ESTATE OF OPAL BERTHABELL McKAY, AKA OPAL B. McKAY-CUMMINGS, OPAL BIRTHA McKAY-CUMMINGS
Hearing on First and Final Account and Report of Administrator and Petition for Final Distribution; Allowance of Compensation by Administrator; for Allowance of Compensation to Attorney for Ordinary Services and for Final Distribution continued from 01/23/25:
Prior Notes have been cured.
Recommend approval of petition and report as supplemented.
Recommend Discharge Review Hearing 10/16/25 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).
PR-23-000723 ESTATE OF MARIA REYNA GARCIA OCHOA, AKA MARIA REYNA GARCIA
Hearing on PrC§12200 Status Report of Administration continued from 11/13/24, 02/20/25:
Nothing filed since previous hearing. Prior Notes remain:
• PrC§12201 Notice of Hearing not on file for this hearing as the court ordered on 09/25/24.
• The court ordered ex parte that the bond be increased; bond rider not yet on file.
Recommend court issue Order to Show Cause to Administrator to appear and show cause why surcharge should not be imposed, or the Administrator suspended/removed from office for failure to file bond rider. See PrC§8480(c).
A copy of the Order to Show Cause must be served on the surety company.
Appearance by Administrator and counsel required (by VCourt if preferred).
PR-24-000825 ESTATE OF DORIS COETTA BELL, AKA DORIS COETTA RAMBO
Review Hearing continued from 11/22/24, 01/17/25:
The court on 11/22/24 ordered 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.
Affidavit of publication on file from Y. Bell.
The court on 11/22/24 ordered petitioner S. Fermon to either:
1. 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.
OR
2. Perfect mailed notice (Form DE-121) on QWAMMON MARLBOROUGH and thereafter file proof of mailed notice (Form DE-121) with the court.
a. The Notice file-marked 01/15/25 is defective:
i. Server’s residence omitted (item 2 on page 2).
ii. Server’s signature was not dated (page 2).
Nothing has been filed by S. Fermon since the previous hearing.
Appearance by competing petitioners (self-represented) required. Anyone appearing at this hearing may do so either in person or remotely, by telephone, using VCourt.
PR-24-000963 ESTATE OF ALAN HOMER EARLY
Hearing on Petition for Letters of Administration continued from 10/10/24, 02/04/25:
Prior Note has been cured.
• Prior Note remains: Please file a certified copy of the Letters for personal representative (E. Bingham) of the now-deceased surviving spouse’s (A. Early) estate.
o Recommend court order personal representative A. Marks to file the above pleading within 14 days of this hearing.
Recommend approval of petition.
Recommend Inventory Review Hearing 09/23/25.
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 petitioner required (by VCourt if preferred).
PR-24-001075 MATTER OF DOLORES J. ZAMBRUNO 2022 TRUST
Hearing on Petition for Order Confirming Successor Trustee and Trust Assets continued from 02/05/25:
Prior Notes have been cured.
Recommend approval of petition, if no one appears to object.
Appearance not required (by VCourt if preferred).
PR-25-000032 ESTATE OF MICHAEL ALVARADO
Hearing on Petition to Determine Succession to Real Property continued from 02/26/25:
Nothing filed since last hearing. Prior notes remain:
• Notice of Hearing (file-marked 01/30/25) appears defective, in that the filer used Form DE-115 and not Form DE-120. Form DE-115 gives notice that the petition was filed under Probate Code section 850, which is not correct for this matter. See PrC§§13655, 1220.
• 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).
• Form DE-315, Order Determining Succession to Real Property, not on file at time of review.
• Assignments of Interest not on file. Assignments of Interest must be notarized and filed separately, not attached to any other pleading. See Local Rule 8.87 and PrC§11604.
Recommend continuance to 07/09/25 to allow time to cure defects.
Appearance not required (by VCourt if preferred).
9:00am
PR-21-000960 ESTATE OF NICHOLAS CHRISTOPHER CONOM
Evidentiary Hearing on damages pursuant to PrC 859 set per minute order 01/28/25:
Hearing Required.
Appearance by special administrator and former personal representative, Jessica Ichord, required (Anyone appearing at this hearing may do so in person, or remotely by telephone, using VCourt).