Probate Notes

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

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

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

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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 SEPTEMBER 29, 2022, UPDATED 12/02/22

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

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

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

POSTED DECEMBER 17, 2021

• Effective 01/01/2022, the fee for court-appointed legal counsel in conservatorship proceedings shall increase to $125.00 per hour.

POSTED OCTOBER 13, 2021

• It has come to the Court’s attention that due to changes in a major newspaper’s online publication submission procedure, some intestate proceedings are being published with reference to a request to “admit decedent’s wills and codicils, if any.”  The Court interprets the phrase “if any” as applying to the word “codicils”, as the next published sentence is “The will and any codicils are available for examination in the file kept by the Court”. Not only is the quoted language inconsistent, it is false, as there are no wills or codicils available for review in these proceedings.  One may reasonably rely on the misrepresentation and take no action believing a will has been or will be provided to the Court.  The Court cannot find this misleading notice to be harmless error.  As such, in these instances, the Court has ordered a republication with corrected language.  The Court has heretofore held that the republication fee is not reimbursable, however, given that the changes to the newspaper’s procedure are recent, and given the sheer volume of cases requiring republication, the Court will permit one republication fee to be reimbursable.  Requests for reimbursement will be granted for any one republication that occurs on or before June 1, 2022.

  Please note it also has recently come to the Court’s attention that the major newspaper may have revised, or may be revising, its online publication submission procedure to account for this issue.  

• Effective July 1, 2021, pursuant to Local Rule 8.04(D) , all communication with the Probate Examiner must be conducted via email, Probate.Examiner@stanct.org . Communication must be limited to the content of Probate Notes. 

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THURSDAY, APRIL 18, 2024
Department 22
8:30 a.m.

PR-22-000612 MATTER OF DECEMBER 13 2011 AMENDMENT AND RESTATEMENT OF THE BERNICE CLEMONS TRUST
Order to Show Cause issued 01/25/24 to Petitioner’s counsel:
•    To appear and show cause why sanctions should not be imposed for failure to appear on 04/18/24, failure to present court with Status Report as previously ordered.
•    Declaration regarding failure to appear file-marked 03/11/24
Hearing on Petition for Order Compelling Redress of Breach of Trust, Removal or Suspension of Successor Co-Trustee, and Appointment of Co-Trustee [PrC§§15462(b), 17200(b) continued from 08/31/22, 09/30/22, 01/18/23, 07/19/23, 09/21/23, 01/25/24:
Prior Notes remain:
Opposition filed – 08/31/22.
•    Parties were to meet and confer on the petition.
•    Suspended co-trustees were ordered to prepare accounts and deliver to appointed private fiduciary.
Need status.
Successor Trustee filed a Status Report. Case Management Conference Statements are on file.
Appearance by counsel mandatory (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:
•    Petition item 8 did not identify the Trustee of the Trust identified in decedent’s Will. See Local Rule 8.14A.
•    Form DE-121 Notice of Petition to Administer Estate did not include notice on the Trustee of the Trust identified in decedent’s Will.
      o    There is insufficient information in court's file to determine if notice is adequate under PrC§§1208b, 15804. Need copy of trust.
•    Will waives bond only as to the named Executor. See PrC§§8481 et seq. 
      o    Waivers of bond not on file.  Bond may be required. Minimum bond would be $20,000.00 pursuant to Local Rule 8.33, maximum bond would be $300,000.00 pursuant to estimated value of estate alleged in the amended petition.
•    Will was not witnessed. Declaration re: supporting evidence not on file. See PrC§§8221, 6110.
•    Forms DE-140 and DE-150, Proposed Order and Letters, not submitted.
No objections yet filed.

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:
•    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 prior to the filing of the Second Amended Petition – 01/22/24 (by Vickie Martin).

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

Recommend continuance to 08/08/24 to allow time to cure defects.
Appearance not 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:
Three Objections filed. Jennafer Baker filed two different Objections.
Possible long-cause matter.
Recommend continuance to 08/08/24 to trail related probate matter.
Appearance not required (by VCourt if preferred).

PR-24-000030 ESTATE OF MARIA L. GUERRERO, AKA MARIE LUISA GUERRERO, MARIE GUERRERO
Hearing on competing Petition for Letters of Administration (filed by H. Guerrero) continued from 03/26/24: 
No defects remain.
Hearing on original Petition for Letters of Administration (filed by M. Booker) continued from 02/22/24, 03/26/24:
No defects remain.
Need status of meet-and-confer.
Appearance by counsel required (by VCourt if preferred).

PR-23-000542 ESTATE OF DOUGLAS CARL VIENT
Inventory Review Hearing continued from 03/28/24:
See Local Rule 8.41 B. Final Inventory and Appraisal not on file.
Hearing on Petition for Termination of Further Probate Proceedings and for Discharge of the Personal Representative (Pr. Code 12251):
Notice appears complete.
If no one appears to object, recommend approval of petition and discharge of Letters.
Appearance not required (by VCourt if preferred).

PR-23-000784 ESTATE OF ROBERT FRANCES NICHOLAS
Inventory Review Hearing:
New Letters were issued 02/15/24 following removal of co-personal representative. Original Letters were issued 09/05/23. Final Inventory and Appraisal was due 01/05/24.
Partial No. 1 Inventory and Appraisal on file. Final Inventory and Appraisal not on file.
Recommend court order Final Inventory and Appraisal be filed by 06/17/24.

Hearing on Special Petition for Filing of Late Creditor’s Claim continued from 03/06/24:
Prior Note remains:
Notice of Hearing (Form DE-120) not on file. See California Probate Code sections 9103 and 1220.
Recommend court set date certain for notice to be perfected or Petition regarding claim will be dismissed.

Appearance by Petitioner for Creditor’s Claim (self-represented) required (by VCourt if preferred).  

PR-23-000985 ESTATE OF CARLOS LUNA
Inventory Review Hearing:
Letters issued 10/19/23. Inventory and Appraisal due 02/19/24.
Final Inventory and Appraisal not on file.
Recommend Account Review Hearing 11/21/24 when PrC§12200 Status Report will be due, if Petition for Final Distribution is not on file. 
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-23-000988 ESTATE OF JERRY D. HARVICK, AKA JERRY DOUGLAS HARVICK
Inventory Review Hearing:
Final Inventory and Appraisal on file.
•    Inventory and Appraisal omits characterization of decedent’s property [PrC§8850(c)]. This information will be needed prior to the closing of the estate.
Recommend Account Review Hearing 11/21/24 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-23-000999 ESTATE OF STEVEN E. MEEKS
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
A Petition for Final Distribution has been filed and set for hearing on 07/24/24.
Hearing of 07/24/24 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-18-000650 ESTATE OF JOELLA SARGENT
Hearing on Amended Motion to be Relieved as Counsel:
SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/…

PR-19-000562 JASON A WHITE SPECIAL NEEDS TRUST
Hearing on Second Account Current and Report of Trustee and for Allowance of Trustee’s Fees and Attorney’s Fees:
Notice of Hearing appears complete.
More time is needed for review. Matter will be continued to 06/21/24.
Appearance not required (by VCourt if preferred).

PR-21-000186 ESTATE OF BONIFACIO ARSE TOBAR, AKA BONIFACIO TOBAR
Hearing on PrC§12200 Status Report of Administration:
Notice of Hearing appears complete.
Recommend court allow estate to remain open and set a further Account Review Hearing 03/13/25. A Second PrC§12200 Status Report must be filed by that hearing date if the estate is not in a position to be closed.
Appearance not required (by VCourt if preferred).

PR-23-000123 ESTATE OF JEANNETTE RAE CHAPMAN, AKA JEANNETTE R. CHAPMAN, JEANNETTE CHAPMAN
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:
Notice of Hearing not on file for the entity that filed a Request for Special Notice (file-marked 11/17/23).
More time is needed for review. Matter will be continued to 04/23/24, to coincide with Account Review Hearing already set. If necessary for notice, matter may be continued again.
Appearance not required (by VCourt if preferred)

PR-23-000598 ESTATE OF KRIS R. POAG
Hearing on First and Final Account and Report of Administrator, and Petition for its Settlement, for Allowance of Statutory Compensation to Attorney, and for Final Distribution:
•    Administrator appears to have reimbursed herself $3,753.97 from the estate for administrative expenses, payment of existing debts, and funeral expenses without first seeking court authorization. The petition reflects that personal representative waives statutory compensation ($11,738.41) as she is unable to obtain all receipts from the funeral costs. See page 13 of 65 of the pleading, last line of page 4, and disbursements labeled “Reimbursement (see below)*** in Schedule of Disbursements, and copies of receipts attached starting on page 14 of 65). Submitted to court for determination.
Appearance by counsel required (by VCourt if preferred).

PR-23-000699 ESTATE OF THELMA JENKINS
Hearing on Petition for Probate of Lost Will and for Letters of Administration with Will Annexed:
This is a petition for appointment of a successor personal representative, following the death of the Executor. Will was previously admitted on 08/25/23.
Petition item 8 does not identify the personal representative of the estate of the deceased beneficiary. Form DE-121 did not include Notice on that individual.
Hearing required.
Appearance by counsel required (by VCourt if preferred).

FRIDAY, APRIL 19, 2024
Department 22
8:30 a.m.

PR-21-000338 ESTATE OF GARY GILES
Hearing on Second PrC§12200 Status Report of Administration continued from 02/21/24:
Nothing filed since previous hearing. Prior Notes remain:
Notice of Hearing filed 01/04/24 must be redone, with the correct hearing date. A new Notice of Hearing has not been filed, nor does not appear to be pending processing in eFile as of 04/16/24 at 5:00 p.m.
On 02/21/24, court ordered the personal representative to perfect notice as reflected above. Not on file.
Appearance by Administrator (self-represented) mandatory (by VCourt if preferred).

PR-22-000768 ESTATE OF CAROL J. OWENS, AKA CAROL JUNE OWENS
Account Review Hearing continued from 09/26/23, 02/06/24:

Hearing on PrC§12200 Status Report of Administration continued from 12/27/23, 02/06/24
Notice appears complete.
Recommend court set a further Account Review Hearing 11/21/24. A Second PrC§12200 Status Report must be filed by that hearing date if the estate is not in a position to be closed.
Appearance not required (by VCourt if preferred).

PR-21-000677 ESTATE OF CYNTHIA A. HOOD
Hearing on Amended Waiver of Account and Report of Executor, Petition for Allowance of Statutory Fees to Personal Representative and to Attorney and Petition for Final Distribution continued from 12/07/23, 02/23/24:
Recommend approval of Amended Petition.
Recommend Discharge Review Hearing 11/07/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).

PR-21-000695 ESTATE OF EDELMIRA AYALA MORENO, AKA EDELMIRA A. MORENO
Hearing on First and Final Account and Report of Executors and Petition for Settlement Thereof; for Allowance of Compensation for Ordinary Services; for Reimbursement of Costs Advanced; for Reimbursement of Personal Funds Advanced; and for Final Distribution continued from 02/21/24:
Amount of statutory compensation pursuant to PrC§§10800 et seq., CRC 7.705 submitted to the court for determination:
•    This case is the domiciliary probate case; an ancillary probate case in Kentucky has concluded and a copy of the final order in that matter was filed in this case (file-mark 01/31/24). The Kentucky order does not indicate whether the personal representative accepted compensation.
Appearance by counsel required (by VCourt if preferred).

PR-22-000648 ESTATE OF CAROL ELAINE CLAXTON, AKA CAROL E. NALLEY
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 continued from 12/05/23, 02/23/24:
•    Page 5 of the Supplement file-marked 03/26/24 appears to have been omitted from that pleading filed with the court.
•    Page 2 of 2 of the Final Seller’s Statement attached to the Supplement file-marked 03/26/24 was omitted.
•    Supplement was verified by counsel and not the personal representative.  Please see CRC7.103(c).
Recommend continuance to 06/21/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-23-000903 ESTATE OF DENISE MARIE BUTLER
Hearing on Petition for Letters of Administration continued from 09/28/23, 12/01/23, 02/23/24:
Prior Notes have been cured.
Recommend approval of petition.
Recommend Inventory Review Hearing 10/22/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-23-001350 ESTATE OF PAUL L. CALKINS, AKA PAUL LAWRENCE CALKINS
Hearing on Petition for Probate of Will and for Letters Testamentary continued from 02/06/24:
Prior Notes have been cured.
Recommend approval of petition and admission of will to probate.
Recommend Inventory Review Hearing 10/22/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-24-000062 ESTATE OF DANIEL ROMERO, AKA DANIEL PAUL ROMERO, DANIEL ROMERO
Hearing on Amended Petition (file-marked 03/01/24) for Letters of Administration continued from 02/27/24:
Prior Notes have been cured.
Recommend approval of petition.
Recommend Inventory Review Hearing 10/22/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).
 

ADD-ON:
PR-22-000153 ESTATE OF FINNY LE, AKA FINNY VAN LE
Hearing on First and Final Account and Amended Petition (file-marked 02/14/24) for Final Distribution and for Compensation for Ordinary and Extraordinary Services continued from 12/07/23, 03/01/24, 04/12/24:
Notes from prior hearing:
•    Petition reflects that personal representative deposited the proceeds from the sale of the residence into a Certificate of Deposit with $131,891.15 of her personal funds without notice or prior court’s approval, commingling estate and personal funds in a way in which she financially benefited. Amended petition alleges this was done in error and submits to the court’s determination an allocation of principal and interest due to the estate from her share as an heir of the estate.
      o    Recommend court on its own motion consider appointing a Guardian ad litem to the minor children to review the personal representative’s actions and prepare a recommendation for the court to consider.
Hearing required.
Appearance by counsel required (by VCourt if preferred).

TUESDAY, APRIL 23, 2024
Department 22
8:30 a.m.

PR-18-000650 ESTATE OF JOELLA SARGENT
Account Review Hearing continued from 08/11/22, 11/16/22, 03/21/23, 08/17/23, 10/11/23, 02/06/24:
On 02/06/24 the court:
•    Reserved on imposition of surcharges as ordered at the hearing of 10/01/23 on the personal representative pursuant to PrC§10950. If a First Account is not on file by this hearing, court will impose those surcharges (court calculated $1,750.00 as of 02/05/24).
•    Suspended personal representative from office pursuant to PrC§8500.
•    Ordered that the court will consider removing the personal representative from office at this hearing purs. to PrC§8502 for failure to file Account as ordered purs. to PrC§§11051, 11052.

Hearing on Appointment of Public Administrator as Successor Personal Representative pursuant to PrC§7621 on the court’s own motion, set by Minute Order 02/06/24:

Appearance by personal representative (self-represented) mandatory; appearance by County Counsel required (by VCourt if preferred).

PR-19-001263 ESTATE OF MELVIN ALLEN SR.
Order to Show Cause issued 02/06/24 to Administrator and Administrator’s counsel:
•    To appear and show cause why sanctions/surcharge should not be imposed for their failure to appear on 02/06/24.
•    Failure to appear on 04/23/24 will result in suspension or removal from office, as well as additional possible surcharge.
•    Counsel filed a Declaration on 03/08/24. Proof of service was neither attached nor filed separately.

Account Review Hearing continued from 10/24/23, 02/06/24: 
On 10/24/23 court ordered personal representative to file a Second PrC§12200 Status Report (with Notice pursuant to PrC§12201) prior to the next hearing if estate is not in a position to be closed. Neither Petition for Final Distribution nor Second PrC§12200 Status Report are on file.

Hearing on Appointment of Public Administrator as Successor Personal Representative pursuant to PrC§7621 on the court’s own motion, set by Minute Order 02/06/24:

Appearance by personal representative and counsel mandatory; appearance by County Counsel required (by VCourt if preferred).

PR-23-000123 ESTATE OF JEANNETTE RAE CHAPMAN, AKA JEANNETTE R. CHAPMAN, JEANNETTE CHAPMAN
Account Review Hearing:
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 continued from 04/18/24:
Please be aware in future Notes that paragraph 8B of the Report does not appear sufficiently detailed pursuant to Local Rule 8.83 F and PrC§9202(b) (knowledge of personal representative or estate attorney).
Recommend approval of Account and Petition.
Recommend Discharge Review Hearing 11/07/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).

PR-23-000153 ESTATE OF KEVIN WOOD
Account Review Hearing: 
Final Inventory and Appraisal on file.
A Final Distribution has been filed and set for hearing 08/07/24.
Hearing of 08/07/24 will be confirmed. 
Appearance not required (by VCourt if preferred).

PR-23-000154 ESTATE OF JACQUELINE R. WOOD
Account Review Hearing: 
A Final Distribution has been filed and set for hearing 08/06/24.
Hearing of 08/06/24 will be confirmed. 
Appearance not required (by VCourt if preferred).

PR-23-000862 ESTATE OF JOHN KILLIAN AMRHEIN, AKA JOHN K. AMRHEIN
Inventory Review Hearing:
Final Inventory and Appraisal on file.
Specific bequests in the Will were not included in the Inventory and Appraisal. Examiner anticipates this will be addressed in the Petition for Final Distribution.
Recommend Account Review Hearing 11/26/24 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-22-000686 MATTER OF OZBIRN FAMILY 1993 TRUST
Hearing on Second Amended Petition (file marked 02/17/23) for Direction (PrC§17200) continued from 09/08/22, 11/17/22, 12/07/22, 04/04/23, 08/15/23, 11/14/23:
Declaration re: attorney’s fees and costs filed 03/30/23. 
Objection filed – 05/05/23.
Possible long-cause matter.
On 11/14/23 the court directed parties to file a joint or separate Declaration of status prior this hearing. Not on file.
Appearance by counsel required (by VCourt if preferred).

PR-23-000749 ARLETE B. HEMPHILL 2021 REVOCABLE TRUST 
Hearing on Petition for Accounting, Breach of Trust, and Double Damages continued from 10/17/23, 02/06/24:
Notice of Hearing is on file, reflects notice was done timely by mail.
10/17/23 court stated the court will set a deadline for filing of objection if matter is not resolved by this hearing.
Objection filed – 03/12/24.
Need status of meet-and-confer.
Recommend continuance to 06/13/24, to coincide with Petition for Constructive Trust, etc., filed by Objector.
Appearance not required (by VCourt if preferred).

PR-23-001210 RANCANO FAMILY TRUST
Petition to Compel Trustee to Account, To Return Property to the Estate (Probate Code § 850); To Charge Respondent With Breach of Fiduciary Duty, With Wrongful Taking and for Exemplary Damages and Attorney Fees and Costs (Probate Code §§ 859 and 4231 et seq.) continued from 02/07/24:
Response and Objection filed February 1, 2024. 
02/07/24 court ordered:
•    Respondents to prepare and serve first account and report not later than February 29, 2024.  
•    Parties to meet and confer and file a status report not later than ten (10) days prior to the date of the continued hearing.
Joint Status Report is on file, reflects the Account was prepared and served, and reflects a joint request for continuance to August.
Matter will be continued to 08/13/24.
Appearance not required (by VCourt if preferred).

PR-23-001299 LIDIA BETTENCOURT 2017 REVOCABLE TRUST
Hearing on Petition (filed by Beverly Morin) for Removal of Trustee; Surcharge; Attorney’s Fees and Costs:
•    Notice of Hearing does not appear complete: 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).
Hearing on Petition for Instruction (filed by Anselmo Bettencourt) and/or Removal of Trustee continued from 03/05/24:
Objection filed – 02/27/24.
Appearance by counsel required (by VCourt if preferred).

PR-23-001301 SPECIAL NEEDS TRUST OF BREANNE PURVIS
Hearing on Petition for Order Establishing a Special Needs Trust; for Authority to Invest in Mutual Funds and U.S. Government Bonds with Maturity Dates Later than Five Years; and for Attorney Fees continued from 03/06/24:
REVIEW IN PROGRESS. PLEASE CHECK BACK.

PR-18-000314 ESTATE OF DIANE FRANCIS BELLO, AKA DIANE FRANCIS KAISER
Hearing on Second PrC§12200 Status Report of Administration:
•    Report was not verified by the personal representative. See California Rule of Court rule 7.103(c) and Probate Code section 1023.
•    Report does not appear sufficiently detailed as required by Probate Code § 12201.
•    Report does not specify the time necessary for close of the estate (PrC§12201).
•    Notice of Hearing not yet on file (see PrC§12201) including creditors (PrC§48).
Recommend court order personal representative to file an Amended Status Report and perfect notice pursuant to PrC§12201 before the next hearing or surcharge may be imposed.
Recommend continuance to 05/21/24, to coincide with Account Review Hearing already set, to allow time for filing of an amended report and give notice thereof pursuant to California Rule of Court rule 7.53.
Appearance not required (by VCourt if preferred).

PR-22-000814 ESTATE OF JOHN CELLUCCI
Hearing on Petition for Final Distribution on Waiver of Account; for Allowance of Attorney’s Compensation for Ordinary Services; for Allowance of Personal Representative’s Compensation for Ordinary Services:
More time is needed for review. Matter will be continued to 06/21/24.
Appearance not required (by VCourt if preferred).

PR-23-000613 ESTATE OF MELINDA K. LIVENGOOD
Hearing on Petition for Final Distribution, for Order on First Account; for Approval of Statutory Personal Representative’s Fees; for Approval of Statutory Attorney’s Fees; for Approval of Costs:
More time is needed for review. Matter will be continued to 06/21/24.
Appearance not required (by VCourt if preferred).

PR-24-000271 ESTATE OF GLORIA J. MONTAGUE
Hearing on Petition for Letters of Administration:
•    Form DE-121 Notice of Petition to Administer Estate reflects that the form was mailed to the other heir (one of two) at three different mailing addresses.
      o    Is the petitioner aware of that heir’s current address? Recommend court enquire, as the court may wish for petitioner to submit a Declaration as to due diligence pursuant to Local Rule 8.14 B.
•    Petition requests that court order $145,000.00 be deposited into a blocked account and receipt be ordered thereafter filed. The petition alleges that the only asset of the estate is real property. Examiner infers that there are no funds now to deposit, and thus the petitioner will be unable to comply with the court’s order. This does not appear permitted by statute. Hearing is required.
Appearance by counsel required (by VCourt if preferred).

PR-24-000275 ESTATE OF WAYNE ELMO BRIGMAN
Hearing on Amended Petition (file-marked 03/15/24) for Letters of Administration:
•    Petition item 2b omitted the name of the proposed administrator.
•    Petition item 8 included second generation heirs and two predeceased heirs, but did not identify the deceased ancestor through which the survivors take (please see Local Rule 8.26 E).
      o    A Family Tree may be helpful.
•    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.  
Recommend continuance to 06/21/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-24-000001 ESTATE OF DELOLA DIANE JOBE
A Request for Dismissal was recently entered.
Hearing was vacated.