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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:

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To Join Department 63 “Zoom” Online

To Join Department 63 “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 63:

  • 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.
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  • 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.
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  • 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

October 30, 2026 at 9:30 a.m.

  1. Estate of Daniel Manzoni
    24PR00480
    Waiver of Account & Report

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

 

2, 3. Estate of Sarah Louise Levy
          24PR00589
          Extension of Letters of Special Administration; Account and Report

Tentative Ruling:  NO APPEARANCES REQUIRED.  In light of the filing of the appeal, the automatic stay, the need to preserve the status quo, and the agreement of the parties, the Court extends the letters of special administration pending the outcome of that appeal. Ms. Ocana’s continued appointment as special administrator shall include the same terms as

those in the August 11, 2026, Order Extending Letters.  The amended letters of special administration shall remain in effect until 60 days after the issuance of the remittitur in the appeal (A177444) or further order of this Court.

Except as stated below, those additional conditions, as modified by their October 27, 2026 statement of issues, proposed by petitioners/objectors Joseph Leavy and Livia Leavy-Williams are not added as conditions of the appointment.  Some of them amount to a statement of the law and the balance address issues that are not presently manifest.  Appropriate requests for modifications of the letters of special administration may be made if and when a need is presented.

The name of the party shall be corrected as requested.  If all parties agree, the truck may be sold.

As to the petition to approve the report and account of the special administrator, the petition is APPROVED, with a caveat as stated below.

As to the period of time prior to the appointment of the special administrator, March 28, 2024 to April 7, 2025, the Court reserves to the parties the right to file a petition to contest any transaction reflected during that date once the stay on appeal is lifted.  The information provided in connection with that period of time is necessary and relevant to demonstrate the assets of the estates as the special administrator found them upon her appointment.  However, they are for transactions she did not make and for which she is not responsible.  The Court accepts they are presented in the present petition for informational purposes but does not find that they should be “approved” in connection with the special administrator’s petition, and so clarifies that they are not.  Any petition to contest transactions during the above period of time, pre-appointment of the special administrator, must be filed within 90 days of the lifting of any stay of appeal, or as otherwise ordered by the Court.

This matter is SET on October 21, 2027 at 3:00 p.m. in Dept. 63 for status of appeal.  If a remittitur has not been issued, no statements of issues need to be filed.

Special administrator shall prepare an order after hearing consistent with this ruling along with amended letters of special administration.

 

  1. Estate of Monica B. Picard
    25PR00927
    Waiver of Account & Report

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

 

  1. Estate of Marilyn Sylvestri
    26PR00149
    Letter of Administration

Tentative Ruling: NO APPEARANCES REQUIRED. The Court notes that the Proof of Service filed 10/16/26 has an error in that it identifies one party served as “131 Chestnut Drive Concord, NC 28027” rather than naming the party. If Petitioner can file a corrected Proof of Service (POS) prior to the hearing, they may request appearances at the hearing. If the Court is satisfied with the corrected POS, it is inclined to grant the Petition. Otherwise the matter is CONTINUED to December 11, 2026, at 9:30 a.m. in Department 63 for Petitioner to file a POS.

 

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

Tentative Ruling: NO APPEARANCES REQUIRED.  In light of the recently discovered potential intestate heirs, the resulting need to amend the petition (see item 14) and the need to provide code compliant service, this matter is CONTINUED to December 11, 2026 at 9:30 a.m. in Dept. 63.  At that time, the Court will likely set a trial date.  The matters embraced within the pleadings are not of the type that can be resolved via a short cause trial.  The Court is presently setting trials in late spring of 2027.  The parties are ordered to continue their meet and confer efforts and file updated statements of issues in compliance with the local rules.

 

  1. Estate of Ilya Zachery Patrick
    26PR00930
    Determine Succession to Primary Residence

Tentative Ruling: APPROVED.  NO APPEARANCES REQUIRED.

 

  1. Estate of Eric Wayne Houston
    26PR00939
    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 December 30, 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 Thomas Neil Cook
    26PR00946
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED. The Court has received and reviewed the declaration of counsel filed September 28, 2026.  The Court treats the declaration as a supplement to the petition.  CRC Rule 7.3(5).  However, such a supplement “…must be signed and verified by one of the persons who were required to sign and verify the pleading that is supplemented.”  CRC Rule 7.104(b)(1).  The Court does not find that the exception in that section applies as there is no basis to conclude the attorney has personal knowledge of the facts stated.  (Evidence Code section 702).  If counsel can obtain Petitioner’s signature on a supplement prior to the hearing, they should request to appear for the purpose of presenting it to the Court.  The Court is then inclined to grant the petition.  Otherwise, this matter is continued to December 11, 2026 at 9:30 a.m. in Department 63 to allow Petitioner time to cure the defect.

 

  1. Estate of Michael J. Deasy
    26PR01006
    Probate of Will

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. No bond is required as all beneficiaries 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 December 30, 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 William Cameron Leggett
    26PR01007
    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 December 30, 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 Robert Lawrence Baty II
    26PR01104
    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 December 30, 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 Nashida Brisco
    26PR01105
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to December 11, 2026, at 9:30 a.m. in Department 63.  Please refer to the Probate Examiner Notes.

 

  1. Estate of Mae A. Welch
    26PR01111
    Probate of Will

Tentative Ruling:  NO APPEARANCES REQUIRED.  The petition seeks to probate an original will.  The first supplement filed includes a statement by counsel about his inability to obtain a copy of the original will and codicils.  However, there is no amendment to the petition to seek to admit a lost will, and there is no declaration by an individual with first hand knowledge about efforts to locate an original (Who produced the copies? Where did they get them? Why do they think they are valid?  Where did they look for originals? Why do they think the decedent did not destroy the originals since they cannot be located? Etc.)  This matter is CONTINUED to December 11, 2026 at 9:30 a.m. in Dept. 63 to allow petitioner time to amend the petition and file a declaration addressing the matters above.  However, if counsel can obtain such a declaration prior to the present hearing date, he should file it and request to appear for the purpose of presenting it to the Court and potentially avoiding the continuance.  If the Court is satisfied with the declaration, it would entertain an oral motion to amend the petition and then be inclined to approve the petition.

 

  1. Estate of Sharon Marie Mejia
    26PR01112
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to December 11, 2026, at 9:30 a.m. in Department 63.  Please refer to the Probate Examiner Notes.  If petitioner has proof of timely service, they should file it and request to appear for the purpose of presenting it to the Court and potentially avoiding the continuance.  If the Court is satisfied with the proof of service, and absent objection, it would then be inclined to approve the petition.

 

  1. Estate of Steven Lee Hebenstreit
    26PR01125
    Determine Succession to Primary Residence

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Robert Daniel Rife
    26PR01129
    Determine Succession to Primary Residence

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Leonard P. Sheftman
    26PR01131
    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 December 30, 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.

 

***End of Tentative Rulings***