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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

August 22, 2025 at 9:30 a.m.

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

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to September 25, 2025, at 9:30 a.m. in Department 12. The petition has been continued twice before to allow petitioner time to cure deficiencies identified in the probate examiner notes, however the deficiencies remain. Please refer to the Probate Examiner Notes posted in the case file. If the deficiencies are not cured prior to the next hearing the court will consider dismissal of the petition.  Local Rule 6.2.C.2.c.

 

  1. Estate of James Henry Anderson
    24PR00829
    Waiver of Account and Report

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

 

  1. Estate of Alfred Marty
    25PR00196
    Spousal Property Petition

Tentative Ruling:  NO APPEARANCES REQUIRED.  The declaration of the land surveyor offered in support of the Amended Spousal Property Petition describes the subject property as APN 59-090-009. The amended petition identifies the property as 053-090-009.  The declaration also references an attachment, but includes no attachment.  The amended petition also alleges “Between 1972 and 1990, the property was split and assigned two separate assessor parcel numbers…”  However no evidence is offered to establish this fact.  Matter is continued one more time to allow petitioner a further opportunity to establish that the property she identifies as APN 053-090-009, is the same as parcel 2 in the 1972 judgment.  Any supplement must be filed and served at least seven days before the hearing.  Matter is CONTINUED to September 25, 2025, at 9:30 a.m. in Dept. 12.

 

  1. Estate of Daniel Silvio Boicelli
    25PR00205
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to September 25, 2025, at 9:30 a.m. in Department 12. Please refer to the Probate Examiner Notes posted in the case file. The Court notes that decedent was a resident of The Sea Ranch, California, but that publication occurred in The Sonoma Index-Tribune, which is published in the City of Sonoma. Petitioner is to complete publication in compliance with Probate Code section 8121.

 

  1. Estate of Carole A. Yox
    25PR00252
    Petition to Contest Will

Tentative Ruling: NO APPEARANCES REQUIRED.  The petition to contest will is CONTINUED to September 5, 2025, at 9:30 a.m. in Dept. 12 to trail the petition to admit the will.  As the Court has previously indicated, it sees no utility to engage in litigation over a document not before the Court.  The Court notes that the trust matter is not before it and this Court will make no orders regarding the trust or its administration in connection with this action. 

 

  1. Estate of Lucille Sell
    25PR00453
    Probate of Will

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. No bond is required as 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 October 15, 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.

 

  1. Estate of Chris Anderson
    25PR00775
    Spousal Property Petition

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Brian Thomas Mitchell
    25PR00782
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED. Petitioner filed a Request for Dismissal on 8/14/25. This matter is DROPPED from calendar.

 

  1. Estate of Shirley Jean Hall
    25PR00799
    Probate of Will

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. No bond is required as 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 October 15, 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.

 

  1. Estate of Cynthia J. Pontes
    25PR00808
    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 October 15, 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.

 

  1. Estate of Archie C. Schumann
    SPR095845
    Other

Tentative Ruling:  NO APPEARANCES REQUIRED.  Matter is CONTINUED to September 12, 2025, at 9:30 a.m. in Dept. 12.  Other than for Alex Schumann, there is no proof of code-compliant service on all parties entitled to notice.  If counsel has proof of timely service, they may request to appear to avoid the continuance.

 

  1. Estate of Fan-Jon Tseng
    SPR097549
    Other

Tentative Ruling: NO APPEARANCES REQUIRED.  Matter is CONTINUED to September 12, 2025, at 9:30 a.m. in Dept. 12 to allow Petitioner an opportunity to address the issue identified in the Probate Examiner Notes posted August 1, 2025.  Any supplement shall be filed and served at least 10 days before the hearing.

 

***End of Tentative Rulings***

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