Probate Notes

Questions regarding fees, forms or status of orderes should be directed to the Probate Unit of The Superior Court of California, County of Stanislaus Clerk's Office at 209-530-3100 between the hours of 8:00 a.m. - 4:00 p.m., Monday - Friday.

Probate Examiner, Nina Wendt, may be reached at 209-530-3180 or nina.wendt@stanct.org. Due to the volume of calls received by the Probate Examiner, it may be necessary for you to leave a message. Telephone calls are returned daily at 11:00 a.m. and 4:00 p.m.

It is the goal of the examiner to have probate notes posted five (5) calendar days prior to the hearing. If defects are noted, they mus t be corrected prior to approval of the moving papers. If you are filing documents to cure technical defects, file-marked copies must be delivered to the Probate Examiner, City Towers Courthouse, 801 Tenth Street, Sixth Floor, Modesto, CA, at least three court days prior to the hearing (if filed less than five court day prior to the hearing, there will be a $25.00 late filing fee for each document). For your convenience, a Drop Box is located at the security desk on the sixth floor. If the door is closed, please slide your documents under the door.

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 be sure to include the hearing date in the caption on all documents.

NOTE: Unless probate notes state otherwise, an appearance is required in probate matters.

MONDAY, AUGUST 20, 2018

No probate matters scheduled.

TUESDAY, AUGUST 21, 2018

445641 ESTATE OF LORENA ESTELLE SMOKE

Account Review Hearing:

Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

2200476 ESTATE OF KATIE BELL JORDAN

Hearing vacated.

2200611 ESTATE OF ALFREDO DEFARIA PEREIRA

Discharge Review Hearing:

Need Receipts.
Need Ex Parte Petition for Final Discharge and Order submitted for signature.

Appearance by counsel mandatory.

2200717 ESTATE OF GENEVIEVE FIDALGO

Petition for Order Confirming Estate Assets and Petition for Final Distribution on Waiver of Account continued from 06/14/18.

Submitted to the Judge for determination.

Appearance by counsel mandatory.

2200744 ESTATE OF WALTER G. DEARDORFF

Account Review Hearing continued from 01/24/18:

Need Petition for Final Distribution.

Appearance by counsel mandatory.

2200754 ESTATE OF DEREK JOHN VANDER BEEK

Account Review Hearing continued from 01/24/18:

Need Petition for Final Distribution.

Appearance by counsel mandatory.

2200845 ESTATE OF STEVEN KEITH RUNNELS

Discharge Review Hearing.

Recommend continuance to 09/18/18 as requested by attorney to allow time to complete and submit Ex Parte Petition for Final Discharge and Order for signature.

Appearance by counsel not required.

2201006 ESTATE OF MARTIN GUZMAN MAGANA

Account Review Hearing continued from 05/22/18:

Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

2201044 ESTATE OF IGNACIO ROCHEL DIAZ

Account Review Hearing:

Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

2201053 ESTATE OF EDWARD ARTHUR TANNER

Court Trial.

Appearances mandatory.

2201113 ESTATE OF KEM KELLY

Petition for Final Distribution on Waiver of Account:

Need Allowance of Creditor’s claim submitted for signature by Judge.
Distributions made without court order. Need explanation.
Need Order.

Recommend continuance to 09/18/18 to allow time to cure defects.

Appearance by counsel not required.

2201159 ESTATE OF PATRICIA ANN MUGRAUER

First and Final Account and Report and Petition for Final Distribution:
Need itemization of costs of administration including date, payee, explanation, payor, charge and whether or not reimbursement requested (parking and postage covered by statutory fee and not included).
Need language re withhold of $10,000 pursuant to LR8.68.
Need real property legal description.
Need revised Order.

Recommend continuance to 09/18/18 to allow time to cure defects.

Appearance by counsel not required.

2201224 ESTATE OF TERRY M. CARDWELL

Court Trial.

Appearances mandatory.

2201256 MATTER OF JOSEPH AND CARRIE AMARAL 1995 TRUST

First Amended Petition/Complaint.

Need Notice of Hearing (mandatory form DE-120).

Recommend continuance to 09/28/18 to allow time for Notice of Hearing to be completed and filed.

Appearance by counsel not required.

2201451 ESTATE OF MARY JEAN SIMAO

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 02/21/19.

Court will sign submitted order, appearance not required.

PR18000100 ESTATE OF ROBERT RUSSELL HEINZ

Petition for Probate of Will and for Letters Testamentary continued from 06/26/18:

Item 3c of petition omits county.
Item 2 of Duties and Liabilities of Personal Representative omits telephone number.
Need Notice of Petition to Administer Estate.
Need Proof of Publication.

Recommend continuance to 09/18/18 to allow time to cure defects.

Appearance by counsel not required.

PR18000164 MATTER OF NANCY A. CARMICHAEL

Spousal Property Petition continued from 07/11/18.

Recommended for approval.

Court will sign submitted order, appearance not required.

PR18000166 ESTATE OF EDGAR F. CARMICHAEL

Petition for Probate of Will and for Letters Testamentary continued from 07/11/18 recommended for approval.

Recommend Inventory Review Hearing 02/21/19.

Court will sign submitted order, appearance not required.

PR18000229 MATTER OF VILMER VIGIL

Spousal Property Petition.

Recommended for approval.

Court will sign submitted order, appearance not required.

PR18000247 ESTATE OF MARIE P. SILVEIRA

Petition for Probate and for Letters Testamentary recommended for approval.

Recommend Inventory Review Hearing 02/21/19.

Court will sign submitted order, appearance not required.

WEDNESDAY, AUGUST 22, 2018

2200577 ESTATE OF SHARON BOWMAN

Account Review Hearing continued from 10/05/17, 10/19/17, 03/20/18 and 06/19/18:

Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

2200780 ESTATE OF DANIEL GEORGE MAIN

Discharge Review Hearing continued from 06/19/18:

Need Receipts on Distribution.
Need Ex Parte Petition for Final Discharge and Order submitted for signature.

Appearance by counsel mandatory.

2200888 ESTATE OF RAYMOND L. BROWN

Account Review Hearing continued from 06/19/18:

Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

2201024 ESTATE OF KEVIN D. SILVA

Inventory Review Hearing continued from 06/26/18:

Letters issued 06/26/17. Inventory and Appraisal due 10/26/17.
Need Final Inventory and Appraisal.

Account Review Hearing continued from 06/26/18:

Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

2201063 ESTATE OF DONNA KAY PARKS

Account Review Hearing:

Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

2201087 ESTATE OF ZONIA BERNICE GAYLOR

Account Review Hearing:

Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

2201096 ESTATE OF J.D. SMITH

Petition for Final Distribution on Waiver of Account.

Recommend Discharge Review Hearing 03/22/19.

Court will sign submitted order, appearance not required.

2201171 MATTER OF WANDA CARY TRUST

Status Review Hearing continued from 03/20/18 and 06/20/18.

Petition for Removal of Co-Trustees, etc., continued from 09/29/17, 11/02/17, 12/01/17, 01/09/18, 03/20/18 and 06/20/18.

Need status of trust administration.

Appearances by counsel mandatory.

2201321 ESTATE OF PEDRO H. QUINTEROS

Petition for Probate of Will and for Letters Testamentary continued from 01/30/18, 03/06/18, 04/10/18, 05/22/18 and 06/19/18.

No documents filed since prior hearing. Prior notes remain:

Need Proof of Subscribing Witness as Will not self-proving. If unable to obtain signature of Witness, please provide Declaration re: signature by decedent on Will signed by an unbiased person.

Appearance by personal representative (pro per) mandatory.

2201344 ESTATE OF PAUL PERKINS

First and Final Account and Report and Petition for Final Distribution recommended for approval.

Recommend Discharge Review Hearing 03/22/19.

Court will sign submitted order, appearance not required.

PR-18-000032 MATTER OF EDWARD A. HERNANDEZ REVOCABLE TRUST

Petition for Order Directing that Assets be Transferred Into Revocable Trust:

Recommended for approval.

Court will sign submitted order, appearance not required.

PR18000116 ESTATE OF GUADALUPE A. OROZCO

Related Case No. PR18000263.

Status Review Hearing continued from 08/09/18.

Petition for Probate of Will and for Letters Testamentary continued from 06/29/18 and 08/09/18:

Objections and Request to Appoint Third Party on file.

Appearance by counsel mandatory.

PR18000249 ESTATE OF BERNARD R. PANELLA

Petition for Letters of Administration with Will Annexed:

Need Proof of Holographic Instrument.
Item 3f(2) completed incorrectly as Will not self-proving.
Attachment 3f(2) (typed copy of Will) does not include all of the words.
Item 3g(2)(a) of petition omitted.
Item 5a(3) or (4) of petition omitted.

Recommend continuance to 09/26/18 to allow time to cure defects.

Appearance by counsel not required.

PR18000251 ESTATE OF AIMEE CRAWFORD

Petition for Letters of Administration:

Need copy of Letters of Guardianship.
Item 8 of petition omits petitioner.
Notice of Petition to Administer Estate proof of service defective as mailed c/o another party. Notice inadequate per CRC7.51(2). A notice mailed to a person in care of another person is insufficient unless the person entitled to notice is an adult and has directed the party giving notice in writing to send the notice in care of the second person. If the person to receive notice is represented by an attorney, notice should be mailed to the party and to his/her attorney per CRC7.51(b) and PC§1214. Notice to a minor must be sent directly to the minor. A separate copy of the notice must be sent to the person or persons having legal custody of the minor, with whom the minor resides. (CRC7.51(d)).

Recommend continuance to 09/26/18 to allow time to cure defects.

Appearance by counsel not required.

PR18000252 ESTATE OF VIVIAN M. GIESE

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 02/22/19.

Court will sign submitted order, appearance not required.

PR18000263 ESTATE OF GUADALUPE A. OROZCO

Related to Case No. PR18000116.

Probate of Will and for Letters of Administration with Will Annexed:

Need Proof of Subscribing Witness as Will not self-proving.
Caption marked incorrectly as petitioner nominated in Will as an executor.
Caption omits Authorization to Administer Under the Independent Administration of Estates Act.
Item 2b(1) of petition omitted.
Item 8 of petition omits name and date of death for predeceased spouse.
Notice of Hearing (form DE-120) inappropriately for initial filing of petition for probate (not fatal defect as Notice of Petition to Administer Estate on file.
Need Order.
Need Letters.

Appearance by counsel mandatory.

THURSDAY, AUGUST 23, 2018

2200645 ESTATE OF JASWINDER SINGH

Amended Petition for Final Distribution on Waiver of Account continued from 11/29/17, 01/30/18, 04/05/18, 05/31/18 and 06/21/18:

Objection on file.

Possible Long Cause Matter.

Appearance by counsel mandatory.

2200646 ESTATE OF BERENISE JIENEZ GONZALEZ

Account Review Hearing continued from 01/23/18 and 06/21/18.

Need Petition for Final Distribution.

Appearance by counsel mandatory.

2200916 ESTATE OF GALEN RAYE DOYLE

First and Final Account and Report and Petition for Final Distribution:

Reimbursement request includes expenses related to auto insurance and DMV charges. Need explanation since auto not included on Inventory and Appraisal.

Recommend continuance to 09/13/18 to allow time to cure defects.

Appearance by counsel not required.

2201000 ESTATE OF RICHARD D. SAWYER

PrC§12200 Status Report of Administration.

Recommend Account Review Hearing 05/21/19.

Appearance by counsel not required.

2201229 MATTER OF ALFRED F AND MUREIEL C. BRENNAN TRUST

Petition to Compel Trustees to Report and Account continued from 11/02/17 and 12/15/17, 02/28/18, 03/21/18 and 06/21/18:

Need status re settlement.

Appearance by counsel mandatory.

2201240 ESTATE OF PATRICIA ANN VANGROENENBERGH

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Need Property Tax Certificate as box not checked in caption of Inventory and Appraisal.

Recommend Account Review Hearing 01/29/19.

Appearance by counsel not required.

2201334 ESTATE OF JOAN SCHMIDT

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 02/15/19.

Appearance by counsel not required.

2201335 ESTATE OF JOHN MATTOS

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 01/25/19.

Appearance by counsel not required.

2201340 MATTER OF REYNA 2001 TRUST

Status Review Hearing.

Supplemental Declaration re request for money damages filed by attorney T. Resso.

Opposition on file.

Possible Long Cause Matter.

Appearance by counsel mandatory.

PR18000022 ESTATE OF JOAN BEESON SANGSTER

Petition for Letters of Administration recommended for approval with bond in amount of $240,000.00 continued from 06/21/18.

No written objection of Clifford Sangster on file.

Recommend Inventory Review Hearing 12/13/18.

Appearance by counsel mandatory.

PR18000135 ESTATE OF DUANE WILLIAM DUDLEY

Petition for Probate of Will and Letters Testamentary continued from 07/05/18.

No documents filed since prior hearing. Prior notes remain:

Item 8 of petition omits date of death for predeceased spouse.
Original Will not witnessed (PrC§8220). Need explanation and confirmation of signature.
Need Proof of Publication.

Appearance by counsel mandatory.

PR18000149 MATTER OF GRACE E. SZABO, ENDRE BENJAMIN SZABO, AND CLARA E. SZABO

Petition for Appointment of Successor Custodian Pursuant to Probate Code Section 3918 continued from 07/05/18:

Notice of Hearing defective as item 4a and date of signature not completed, and no attachment.

Recommend continuance to 08/23/18 to allow time to cure defects.

Appearance by counsel not required.

PR18000265 MATTER OF EDWARD ARTHUR TANNER

Spousal Property Petition.

Recommended for approval.

Court will sign submitted order, appearance not required.

PR18000268 ESTATE OF BESSIE W. HOUCK

Petition for Probate of Will and for Letters Testamentary:

Need Proof of Subscribing Witness as Will not self-proving.
Need “Family Tree”.
Item 5a(7) of petition marked incorrectly as a step-child is not issue. Item 5a(8) of petition should have been marked.
Item 6 of petition omitted.
Item 7 of petition omitted.

Recommend continuance to 09/19/18 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

PR18000284 MATTER OF STEPHANIE LUANNE MILLS TRUST

Petition for Suspension and Removal of Trustee, for Breach of Trust; for an Accounting; and Request for Attorney’s Fees:

Need proof of personal service to trustees.
Notice of Hearing proof of service by mail defective as item 2 omitted.

Recommend continuance to 10/10/18 to allow time for 30-day personal service.

Appearance by counsel not required.

FRIDAY, AUGUST 24, 2018

112813 ESTATE OF SARAH H. WITHERBY

Court’s Motion to Dismiss.

Appearance by counsel mandatory.

432815 MATTER OF JEAN SNYDER LIVING TRUST

Account Review Hearing.

Need Fifth Account and Report of Trustee.

Appearance by counsel mandatory.

2200174 MATTER OF VERA MARGARETTE HENLINE TRUST

Order to Show Cause in re Contempt continued from 06/22/18.

No Accounting on file.

Court orders Robert E. Henline to be present in Court on August 24, 2018 at 8:30 a.m. in Department 22.

Appearance by counsel mandatory.

2200435 ESTATE OF GURMUKH GILL

Motion for Clarification.

Submitted to Judge for determination.

2200521 MATTER OF ZALEEYA DE LA TORRE TRUST

Related Case No. 2200522.

Account Review Hearing.

Need Second Account and Report of Trustee.

Appearance by counsel mandatory.

2200522 MATTER OF JUAN DE LA TORRE SPECIAL NEEDS TRUST

Related Case No. 2200521.

Account Review Hearing.

Need Second Account and Report of Trustee.

Appearance by counsel ma ndatory.

2200557 ESTATE OF KENNETH ELDRED MUSCIO

PrC§12200 Status Report of Administration.

Recommend continuance to 02/15/19 to allow time to reopen cases, revised Inventory and Appraisal, and complete sale of additional real property.

Appearance by counsel not required.

2200627 ESTATE OF PATRICIA KREIGER KAIN

Account Review Hearing continued from 01/26/18:

Need Petition for Final Distribution.

Appearance by counsel mandatory.

2200687 ESTATE OF JOHN J. HOLLENBACK JR

Amended Petition for Final Distribution on Waiver of Account:

Need Property Tax Certificate as box not checked on Final Inventory and Appraisal.
Need language that Final Inventory and Appraisal filed on May 22, 2017 replaced the prior Partial and Supplemental Inventory and Appraisals.

Recommend continuance to 09/14/18 to allow time to cure defects.

Appearance by counsel not required.

2200696 ESTATE OF CARLA RENEE ARMSTRONG

Amended Petition for Final Distribution on Waiver of Account recommended for approval.

Recommend Discharge Review Hearing 03/26/19.

Court will sign submitted order, appearance not required.

2201444 ESTATE OF PAUL DOUGLAS BREHM

Petition for Probate of Will and for Letters Testamentary continued from 04/06/18, 05/04/18, 06/01/18 and 06/29/18:

First Amended Spousal Property Petition continued from 06/29/18:

Declaration filed 06/21/18 does not cure the following defects:

Item 9 of petition omits addresses and relationship for Zackary Brehem on page 2(1^st signature page attached to petition).
Item 9 and signature of petitioner unclear on page 2 (2^nd signature page attached to petition).
Item 10 of petition omits address.
Need Notice of Hearing.
Need Order with signature on page 1 (not attachment).

Recommend continuance to 09/21/18 to allow time to cure defects.

Appearance by counsel not required.

2201347 ESTATE OF ZORA MAKSENTE

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend confirm 08/30/18 hearing on First and Final Account and Petition for Final Distribution.

Appearance by counsel not required.

PR18000043 MATTER OF JOSE LUIS VAZQUEZ

Spousal Property Petition continued from 06/08/18 and 06/22/18.

No documents filed since prior hearings. Prior notes remain:

Item 1b of petition omitted.
Item 4c of petition omitted.
Item 9 of petition did not need to include siblings of the decedent.
Need copy of deed showing current title to real property.
Need Notice of Hearing.
Need proof of notice to Department of Health Services.
Need Spousal Property Order fully completed along with attachments 5a and 7a.

Appearance by petitioner (pro per) ordered pursuant to Minute Order dated 06/22/18.

PR18000089 MATTER OF THE CORY HOUGHTON HARTMAN TRUST

Petition Approving Accounting of Administration and Distribution continued from 07/12/18.

No documents filed since prior hearing. Prior notes remain:

Need itemized requests for trustee fees and attorney fees (paid without court order).

Objection on file.

Possible Long Cause Matter.

Appearance by counsel mandatory.

PR18000186 ESTATE OF JOYCE SELF

Petition for Probate of Will and for Letters of Administration with Will Annexed continued from 08/10/18 recommended for approval.

Recommend Inventory Review Hearing 02/22/19.

Court will sign submitted order, appearance not required.

PR18000207 ESTATE OF ISAAC SAMUEL GABRIEL

Petition for Letters of Administration continued from 08/10/18 recommended for approval.

Recommend Inventory Review Hearing 02/22/19.

Court will sign submitted order, appearance not required.

MONDAY, AUGUST 27, 2018

No probate matters schedule