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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

June 12, 2026 at 9:30 a.m.

  1. Estate of Daniel Patrick Swint
    26PR00448
    Account & Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Any future court dates are DROPPED from calendar. Extraordinary fees are approved in the amount of $1,920.00. In making this determination, the court has considered the nature and difficulty of the tasks performed, the time spent, the results achieved, and the compensation customarily allowed by the court in the community where the court is located (which rates are lower than those claimed).  The Court will edit and sign the submitted proposed order.

 

  1. Estate of Ryan Douglas Hamilton
    24PR00658
    Other Hearing: Petition for Instructions

Tentative Ruling: NO APPEARANCES REQUIRED. Matter is CONTINUED to July 24, 2026, at 9:30 a.m. in Department 12, to trail other matters.

 

  1. Estate of Barney Hirson
    24PR00853
    Waiver of Account & Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Petitioner is to submit a new proposed order that distributes any later discovered assets to the Barney and Estelle V. Hirson Living Trust as stated in the decedent’s 10/14/03 will admitted to probate.

 

  1. Estate of Oliver Dyer-Bennet
    25PR00208
    Other Hearing: Petition for Modification of Termination of Trust

Tentative Ruling: NO APPEARANCES REQUIRED.  The petition is APPROVED.  However, the property is subject to distribution via a petition for final distribution, and not outright.  Petitioner is directed to submit a revised order after hearing clarifying this.  Item 4 of the proposed order lodged currently lodged could otherwise be construed to allow distribution outside of the estate probate process. See Wells Fargo Bank & Union Trust Co. v. Superior Court in and for Marin County (1948) 32 Cal.2d 1, 8.

 

  1. Estate of Michele Marie Miller
    25PR00351
    Account & Report

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

 

  1. Estate of William D. Von Voss
    25PR00357
    Letters of Administration

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 12, 2027, 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.

 

  1. Estate of Judith E. Gordon
    25PR00990
    Waiver of Account & Report

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

 

  1. Estate of Michael Joseph Marinak
    26PR00042
    Probate of Will & Admin WWA

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 12, 2027, 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.

 

  1. Estate of Marilyn Sylvestri
    26PR00149
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to July 24, 2026, at 9:30 a.m. in Department 12. Please refer to the Probate Examiner Notes. New publication must also provide notice of the July 24, 2026 hearing date, not a date that has already passed.

 

  1. Estate of William Nicholas Rozakos
    26PR00221
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Bond is waved 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 August 12, 2027, 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.

 

  1. Estate of John Thomas Moura
    26PR00323
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Bond is fixed at $2,639,140.00.  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 12, 2027, 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.

 

  1. Estate of Robert Anthony Adreveno
    26PR00500
    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 12, 2027, 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.

 

  1. Estate of Scott William Hall
    26PR00524
    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 12, 2027, 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.

 

  1. Estate of Ireme Thimm
    26PR00525
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to July 24, 2026, at 9:30 a.m. in Department 12.  Please refer to the updated Probate Examiner Notes which address the remaining deficiencies after the filing of documents on 6/9/26.

 

  1. Estate of Owen Paul Mehner
    26PR00550
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Bond is fixed at $525,000.00. 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 12, 2027, 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.

 

  1. Estate of Carl Musto
    SPR-73670

    Waiver of Account & Report

Tentative Ruling: NO APPEARANCES REQUIRED.  The petition is DENIED without prejudice.  This Court has no jurisdiction to make the order requested as to the real property located in New York.  Petitioner must proceed by ancillary probate in that jurisdiction.  The Final Inventory and Appraisal, understandably, does not include the New York real property.  Matter is SET on February 11, 2027 at 3:00 p.m. in Dept. 12 for status of estate administration.

The Court also notes the petition is not properly verified as the jurat does not comply with Code of Civil Procedure section 2015.5 (it is executed outside the state and pursuant to the laws of perjury of another jurisdiction).  Substantial compliance is insufficient. Kulshrestha v. First Union Commercial Corp., (2004) 33 Cal.4th 601, 611.

 

  1. Estate of Everett C. Arnold
    SPR-091296
    Waiver of Account & Report

Tentative Ruling: NO APPEARANCES REQUIRED. This matter was previously continued to allow petitioner an opportunity to address matters listed in the probate examiner’s notes.  The issues remain.  A Motion to be Relieved as Counsel is now set for hearing on 7/16/26. Matter is CONTINUED to August 7, 2026, at 9:30 a.m. in Department 12 for hearing on petition for final distribution and waiver of account.

 

  1. Estate of Trola Mae Arnold
    SPR-091297
    Waiver of Account & Report

Tentative Ruling: NO APPEARANCES REQUIRED. This matter was previously continued to allow petitioner an opportunity to address matters listed in the probate examiner’s notes.  The issues remain.  A Motion to be Relieved as Counsel is now set for hearing on 7/16/26. Matter is CONTINUED to August 7, 2026, at 9:30 a.m. in Department 12 for hearing on petition for final distribution and waiver of account. 

 

  1. Estate of Christopher K. Dluzak
    SPR-095549
    Other Hearing: Petition for Instructions

Tentative Ruling: APPROVED.  NO APPEARANCES REQUIRED.

 

20, 21. Estate of Lennice Katherine Ambrose-Gordon
                SPR-097310
                Other Hearing: Partition of Real Property

Tentative Ruling:  NO APPEARANCES REQUIRED.  The request for a homestead is GRANTED from the date of death to December 21, 2022.  The Petition for Partition is DENIED without prejudice.  There is no defined interest in the real property, only in the estate.  Until the disputes regarding claims of reimbursement and rent are resolved there is no equitable way to divide the real property via partition.  The Court suggests that the parties resolve the issues of the disputed claims so that they can proceed with distribution of the estate.  Should they be unable to resolve them, they may submit a joint request as a drop off ex parte to set the disputed claims for trial.  The joint request should specify the issues to be tried.

 

  1. Estate of Fentress Geoffrey Dunham
    SPR-097833

    Waiver of Account & Report

Tentative Ruling: APPROVED.  NO APPEARANCES REQUIRED.  Any future dates are vacated.

 

***End of Tentative Rulings***

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