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

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.

Tentative Rulings

July 17, 2026 at 9:30 a.m.

  1. Estate of James Henry Gremel
    23PR00251
    Account & Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Jake Ryan Young
    24PR00408
    Waiver of Account & Report

Tentative Ruling: APPROVED despite irregularities. NO APPEARANCES REQUIRED.

 

  1. Estate of David Bruce Greenwald
    24PR01012
    Account & Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.  Absent objection, the preliminary distributions are approved.  Statutory fees are miscalculated as $24,525.00; The correct amount is $23,762.64. Extraordinary fees are approved in the amount of $2,700.00. In making this determination, the court has considered the nature and difficulty of the tasks performed, the time spent, the results achieved, and, primarily, the compensation customarily allowed by the court in the community where the court is located (or $450 per hour).  The proposed order has been modified to reflect these changes. Any future court dates are DROPPED from calendar.

 

  1. Estate of Lisa Marie Schafer
    25PR00353
    Account & Report

Tentative Ruling: APPROVED. NO APPEARANCE REQUIRED. Any future court dates are DROPPED from calendar.

 

  1. Estate of Philip Martin Essig
    25PR00868
    Waiver of Account & Report

Tentative Ruling: APPROVED. NO APPEARANCE REQUIRED. Any future court dates are DROPPED from calendar.

 

  1. Estate of Mark Steven Sablik
    25PR01186
    Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCE REQUIRED. Any future court dates are DROPPED from calendar.

 

  1. Estate of Roberta Frances Scanlon
    25PR01317
    Waiver of Account & Report

Tentative Ruling: APPROVED. NO APPEARANCE REQUIRED. Any future court dates are DROPPED from calendar.

 

  1. Estate of Evelyn C. Harrington
    25PR01391
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED.  Petition is DENIED without prejudice. Petitioner was ordered to hire a professional heir search firm and file the results along with code compliant notice to any relatives identified.  Nothing has been filed since the last hearing held May 15, 2026.  The probate examiner notes have also not been cleared.  The denial is pursuant to Local Rule 6.2.C.2.c, which directs that generally no more than two continuances will be allowed.  This is the fourth hearing on the petition. 

 

  1. Estate of Rose Marie Antoinette Weathers
    26PR00096
    Determine Succession to R/P

Tentative Ruling: APPROVED.  NO APPEARANCES REQUIRED. The Court will sign the revised proposed order consistent with the agreement of the parties.

 

  1. Estate of Richard Grant Sitton
    26PR00507
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. No bond is required as all heirs have waived 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 September 16, 2027, probate case management conference calendar at 3:00 p.m. in Department 63 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.

 

  1. Estate of Mikaela Amanda Seronello
    26PR00662
    Spousal Property Petition

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. 

 

  1. Estate of Gayle Elizabeth Peebles
    26PR00663
    Determine Succession to Primary Residence

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Helen Marie McCallum
    26PR00668
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED.  The petition is DENIED as petitioner has not established standing to bring this petition.  Only an “interested person” may petition to commence probate of an estate of a decedent.  Probate Code section 8000.  An interested person includes:

      (1) An heir, devisee, child, spouse, creditor, beneficiary, and any other person having a property right in or claim against a trust estate or the estate of a decedent which may be
      affected by the proceeding.
      (2) Any person having priority for appointment as personal representative.
      (3) A fiduciary representing an interested person.
      …

Probate Code § 48.  Here, petitioner does not allege facts establishing any of the above. And while some flexibility is acknowledged in determining the question of standing, to be an interested party the person must, at a minimum, hold some beneficial interest:  “In general, [t]o have standing, a party must be beneficially interested in the controversy, and have some special interest to be served or some particular right to be preserved or protected. [Citation.] This interest must be concrete and actual, and must not be conjectural or hypothetical.” Hamlin v. Jendayi, (2024) 105 Cal.App.5th 1064, 1074, as modified on denial of reh'g (Nov. 12, 2024), review denied (Jan. 15, 2025) (internal quotes omitted).

 

  1. Estate of Luis Fernando Mederios
    26PR00680
    Spousal Property Petition

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to September 4, 2026, at 9:30 a.m. in Department 63 to allow Petitioner time to file and serve a verified Supplement in support of the allegation that the Harley Davidson motorcycle is community property. While not all the documents attached to the petition are legible, the DMV records seem to indicate the motorcycle was purchase by the decedent before the date of the parties’ marriage.  The Supplement should also disclose all relevant facts about the marital dissolution involving decedent and address the effect on the present claim, including citation to supporting legal authorities in support of any relief sought.  The Court takes judicial notice of case SFL093791 on its own motion.  It notes that Petitioner filed a sworn statement on July 28, 2023, seeking a default, and indicating that “there are no issues of division of community property.”  This is consistent with Petitioner’s verified petition that states there was no community property to be divided as a result of the dissolution.  See Petition filed June 6, 2023.

Petitioner shall also file and serve a Declaration of Diligent Search for decedent’s daughter, Stevi Cuda. If Petitioner can locate Stevi Cuda, a Notice of Hearing for the continued hearing, and all other papers filed by petitioner in this matter, shall be served on Stevi Cuda at least 15 days prior to the next hearing.  Any proof of service and Supplement must be filed no later than seven days before the hearing.

The Court is also aware that an objection to the petition was filed on July 15, 2026.  As this is now a contested matter, the parties are ordered to meet and confer in compliance with local rule 6.2.F.2 and file statements of issues in compliance with local rule 6.2.F.3 at least seven (7) days in advance of the continued hearing.

 

  1. Estate of Patsy Marie Roper
    26PR00682
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to August 21, 2026, at 9:30 a.m. in Department 63.  Please refer to the Probate Examiner Notes. Item 3h has not been addressed.  While petitioner provides a Washington state address, this is not the equivalent of the residence question, which is synonymous with domicile in this instance, and different from where one may have an address.  All other notes have been cleared.  The Court also notes it may, in its discretion, require a personal representative to furnish a bond (CRC 7.201(b), Probate Code §8571.) As the personal representative is not a resident of California, bond will be required.  Petitioner may address the amount of the bond with a verified supplement filed and served at least seven days prior to the hearing if so desired. 

 

  1. Estate of Joan Patricia Covell
    26PR00683
    Determine Succession to Primary Residence

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to August 28, 2026, at 9:30 a.m. in Department 63.  Please refer to the Probate Examiner Notes.  In addition, petitioner indicates code compliant service has yet to be perfected.

 

  1. Estate of Munier Eweis
    26PR00691
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. No bond is required as all heirs have waived 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 September 16, 2027, probate case management conference calendar at 3:00 p.m. in Department 63 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.

 

  1. Estate of Melissa Claire Gossett
    26PR00698
    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 September 16, 2027, probate case management conference calendar at 3:00 p.m. in Department 63 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.

 

  1. Estate of Gerard Michael O’Brien
    SPR-097091
    Waiver of Account & Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

***End of Tentative Rulings***