Estates & Other Probate

If the tentative ruling does not require appearances, and is accepted, no appearance is necessary. 

Any party who wishes to be heard in response or opposition to the Court’s tentative ruling MUST NOTIFY the Court’s Judicial Assistant by telephone at (707) 521-6893 and MUST NOTIFY all other parties of the intent to appear, and whether they will appear in person or by Zoom. Both notifications must be completed no later than 4:00 p.m. on the court (business) day immediately before the day of the hearing.

Unless notification of an appearance has been given as provided above, the tentative ruling shall become the ruling of the court the day of the hearing at the beginning of the calendar, absent an objection from an interested party per Probate Code section 1043.    

To Access the Probate Examiner Notes:

• Access the Portal
• Accept the Terms
• Choose Smart Search, insert your case number, and follow all instructions.

To Join Department 12 “Zoom” Online

• Navigate to website: https://sonomacourt-org.zoomgov.com/j/1603772262
• Enter Meeting ID: 160 377 2262
• And Password: 419097

To Join Department 12 “Zoom” By Phone:

• Call: +1 669 254 5252 US (San Jose) and enter same meeting ID and password as listed above.

Guide for Participating in Court Proceedings via Zoom for Dept 12:

• After joining the meeting and checking in with the clerk, please mute your audio when not speaking. This helps keep background noise to a minimum.
• Be mindful of background noise when your microphone is not muted. Avoid activities that could create additional noise, such as shuffling papers.
• Position your camera properly if you choose to use a web camera. Be sure it is in a stable position and focused at eye level, if possible. Make sure everything visible in the frame is appropriate for an appearance in court.
• If a confidential session becomes necessary it is incumbent on you to ensure you are able to participate from a private location so that unauthorized people cannot overhear or see the proceedings.
• Chat is enabled for the sharing of documents among participants and the court and to allow attorneys to communicate individually with each other or their clients only. No chat messages should be sent privately to the court as it would amount to an unauthorized ex parte communication. Neither should chat messages be sent to all participants unless directed by the court.
• The recording function has been disabled. Remember, the prohibition against recording court proceedings, even remote ones, remains.
• Be patient. Check in will take more time and the experience from those who have tried this before is that proceedings are a little slower generally.

1. Estate of Robert Jaffe
   23PR00345
   Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Any future case management conference dates are dropped from calendar.

 

2. Estate of Sally Jo Smith
   23PR00397
   Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. The proposed order submitted on 4/22/25 has been modified to reflect the corrected statutory fees in the amount of $24,400.00.

 

3. Estate of Elizabeth A. Ryan
   24PR00121
   Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Any future case management conference dates are dropped from calendar.

 

4. Estate of Jan Merle Wood
   24PR00154
   Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Any future case management conference dates are dropped from calendar.

 

5. Estate of Raymond Duane Elliott
   24PR00439
   Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to July 18, 2025, at 9:30 a.m. in Department 12. Please refer to the Probate Examiner Notes posted in the case file.

 

6. Estate of Delia Claire van der Plas
   24PR00554
   Other

DISCLOSURE:  The Court discloses that its former courtroom clerk, Avery Roux, left her employment with the court in May 2025 and became employed by the firm of Spaulding McCullough & Tansil as a law clerk.  While the Court makes this disclosure, it finds no basis on which to recuse.  If any party wishes to be heard, or to request more information on the disclosure, they should request to appear for that purpose.

Tentative Ruling: NO APPEARANCES REQUIRED. APPROVED.  The Court will sign the proposed order lodged April 24, 2025.

 

7. Estate of Marjorie Nanette Pachadin
   24PR00577
   Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Any future case management conference dates are dropped from calendar.

 

8. Estate of Philip David Kwait
   24PR00905
   Other

Tentative Ruling: NO APEARANCES REQUIRED. In light of the information contained in the Joint Statement of Issues filed on June 4, 2025, and the Response and Objections filed on June 9, 2025, this matter is CONTINUED to the October 16, 2025, probate case management conference calendar at 3:00 p.m. in Department 12 for status of settlement or trial setting.

Pursuant to local rule 6.2 F. 2. regarding contested matters, if the matter has not been resolved, the parties shall each file statements of issues no later than seven (7) court days before the continued hearing date (Local Rule 6.2 F. 3.)

 

9. Estate of Robert G. Heisterberg
   24PR00981
   Probate of Will

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Bond is fixed in the amount of $1,651,418.85. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.

The matter is SET on the August 6, 2026, probate case management conference calendar at 3:00 p.m. in Department 12 for status of estate or final account and distribution. No appearances at the hearing will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.

The Letters of Administration issued on January 3, 2025, are hereby revoked and the prior representative is discharged.

 

10. Estate of Edward Allen Evanger
    25PR00269
    Determine Succession to R/P

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Any future case management conference dates are dropped from calendar.

 

11. Estate of Desmond Murphy
    25PR00304
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to July 18, 2025, at 9:30 a.m. in Department 12. Please refer to the Probate Examiner Notes posted in the case file.  Additionally, the Court finds the will is not self-proving.  Neither the testator nor the witnesses dated their signatures.  This renders the jurat (declaration under penalty of perjury) of the witnesses’ statements defective.  See Code of Civil Procedure (CCP) section 2015.5.  Substantial compliance is insufficient.  Kulshrestha v. First Union Commercial Corp., (2004) 33 Cal.4th 601.  Evidence as to execution of the will can normally be received by a declaration in the original will that includes or incorporates the attestation provision set forth in Probate Code § 8220(b).  Here, the declarations of the witnesses in the will are invalid.  The Petitioner must therefore establish the validity of the will by other means. 

The Court also notes that the amount of the estate is well below the small estate affidavit limit that generally means a formal probate is unnecessary. 

 

12. Estate of Candace D. Montoure
    25PR00316
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. No bond is required as all heirs waive bond. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.

The matter is SET on the August 6, 2026, probate case management conference calendar at 3:00 p.m. in Department 12 for status of estate or final account and distribution. No appearances at the hearing will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.

 

13. Estate of Barbara Guidici
    25PR00332
    Probate of Will and Administration WWA

Tentative Ruling:  APPROVED. NO APPEARANCES REQUIRED. Bond is fixed at $750,000.00. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.

The matter is SET on the August 6, 2026, probate case management conference calendar at 3:00 p.m. in Department 12 for status of estate or final account and distribution. No appearances at the hearing will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.

 

14. Estate of Suzanne V. Royce
    25PR00352
    Probate of Will

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. No bond is required as the will waives bond. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.

The matter is SET on the August 6, 2026, probate case management conference calendar at 3:00 p.m. in Department 12 for status of estate or final account and distribution. No appearances at the hearing will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.

 

15. Estate of Lucille Sell
    25PR00453
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to July 18, 2025, at 9:30 a.m. in Department 12. Please refer to the Probate Examiner Notes posted in the case file.  The Court does find sufficient evidence to accept a copy of the lost will in lieu of the original.

 

16. Estate of Carolyn Anne Irwin
    25PR00478
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to August 8, 2025, at 9:30 a.m. in Department 12. As objections have been filed, pursuant to local rule 6.2 (F)(2), the parties are directed to meet and confer and make a reasonable and good faith attempt to informally resolve the controversy at a face-to-face conference (which is deemed to include video platforms such as Zoom), if possible, otherwise by telephone conference. If the matter has not resolved, the parties shall each file statements of issues no later than seven (7) court days before the continued hearing date. Local Rule 6.2 F.3.

 

17. Estate of Denise Helen Goltz
    25PR00479
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. While the petitioner has failed to mark the appropriate Independent Administration of Estates Act (IAEA) boxes in the caption of the petition, the Court exercises its discretion to find the defect is not material here.  In doing so, the Court relies on the fact that the request for IAEA is included in the body of the petition, all notices served and the publication. Bond is fixed in the amount of $620,000.00. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.

The matter is SET on the August 6, 2026, probate case management conference calendar at 3:00 p.m. in Department 12 for status of estate or final account and distribution. No appearances at the hearing will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.

 

18. Estate of Edward Joseph Dal Poggetto
    25PR00485
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. No bond is required as the sole heir waives bond. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.

The matter is SET on the August 6, 2026, probate case management conference calendar at 3:00 p.m. in Department 12 for status of estate or final account and distribution. No appearances at the hearing will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.

 

19. Estate of Stanley Jonah
    25PR00486
    Probate of Will

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. No bond is required as the will waives bond. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.

The matter is SET on the August 6, 2026, probate case management conference calendar at 3:00 p.m. in Department 12 for status of estate or final account and distribution. No appearances at the hearing will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.

 

20. Estate of Nancy Elma Fisher
    SPR096976
    Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

21. Estate of Melany Texeira
    SPR097333
    Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Any future case management conference dates are dropped from calendar.

 

 

***End of Tentative Rulings***