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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.
  • 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

September 11, 2026 at 9:30 a.m.

  1. Estate of Ernest Bertolini
    23PR00242
    Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Melanie Aviva Greenberg
    24PR00419
    Waiver of Account and Report

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

 

  1. Estate of Ronald James Knutsen
    25PR00318
    Waiver of Account and Report

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to November 20, 2026, at 9:30 a.m. in Department 63 to allow Petitioner time to complete notice on the Franchise Tax Board in compliance with Probate Code section 9202(c).  Please refer to the Probate Examiner Notes.  In addition, any funds received by the estate must be paid to the trustee of the decedent’s trust.  The proposed distribution does not comply with the testate directions of the decedent’s pour over will.  Neither has the Court approved any preliminary distribution that does not comport with the will.  If the funds have already been distributed by the financial institution by operation of law, often called a pay-on-death designation or a  written provision executed by the decedent prior to death that moneys owned by the decedent prior to death shall be paid after the decedent's death to a specifically designated person, then the transfer amounts to a non-probate transfer and the funds never became an asset of the decedent’s estate.  See Reich v. Reich (2024) 105 Cal.App.5th 1282 (“…an IRA is a nonprobate asset (§§ 5000, 5011) and because the IRA proceeds never pass through the decedent's testamentary trust to the beneficiaries’ separate trusts.”).  In that case, the executor may need to file an amended petition to terminate the estate as there are no assets to administer.  If, however, the funds were not transferred pursuant to a non-probate transfer, executor must amend the petition to include distribution of all funds to the trustee of the decedent’s trust.  Any supplement or amended petition must be filed at served at least 15 days before the hearing.

 

  1. Estate of Melanie Lou Wood
    25PR0764
    Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Naomi Weinstein
    25PR01406
    Petition for Probate

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to October 16, 2026, at 9:30 a.m. in Department 63.  Please refer to the Probate Examiner Notes.

 

  1. Estate of Mark Scott Freeman
    25PR01503
    Spousal Property Petition filed July 16, 2026

Tentative Ruling: NO APPEARANCES REQUIRED. The Spousal Property Petition filed on July 16, 2026, is STAYED pending resolution of the annulment action in case 25FL01284 or further order of the Court. Any request to lift the stay prior to that time shall be by noticed motion. 

Matter is SET on January 28, 2027, at 3:00 p.m. in Dept. 63 for status of proceedings in 25FL01284 and possible lifting of the stay.

 

  1. Estate of Frederick Allan Walker
    26PR00055
    Waiver of Account and Report

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

 

  1. Estate of Vincent Troy Helper
    26PR00271
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED. Parties appeared at the 7/31/26 hearing and stated that additional heirs had been located. Matter was continued to allow Petitioner time to file an amended Petition. No new Petition has been filed.

Matter is CONTINUED to October 16, 2026, at 9:30 a.m. in Department 63 to allow Petitioner time to file an Amended Petition that names all potential heirs.

 

  1. Estate of Mark Freeman
    26PR00516
    Petition For Damages and Other Remedies For: Financial Elder Abuse and Imposition of a Constructive Trust; Abuse of an Elder; A Determination That Casey Ann Campbell Predeceased Mark Freeman; An Order Authorizing and Directing the Conveyance or Transfer of Estate Real and/or Personal Property to the Estate; An Injunction Against Casey Ann Campbell From Using Estate Assets in Defense of the Petition or Any Other Proceeding or Matter; Declaratory Relief Regarding the Nullity of the Marriage Of Casey Campbell and Mark Freeman, Deceased.

Tentative Ruling:  NO APPEARANCES REQUIRED.  This contested petition was continued from the earlier hearing date on August 14, 2026, and the parties ordered to meet and confer and file statements of issues.  No statements of issues have been filed, however, the Court is aware that counsel for respondent Campbell Freeman have filed motions to withdraw.  In light of the lack of any update from petitioner and the pending motions to withdraw by respondent’s counsel, this matter is CONTINUED to November 13, 2026 at 9:30 a.m. in Dept. 63.  The parties are again ordered to meet and confer and file statements of issues in accordance with the local rules prior to the next hearing.

 

  1. Estate of Freda Davis
    26PR00571
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to October 16, 2026, at 9:30 a.m. in Department 63.  Please refer to the Probate Examiner Notes.

 

  1. Estate of Bentura O. Andrade
    26PR00739
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to October 16, 2026, at 9:30 a.m. in Department 63.  Please refer to the Probate Examiner Notes.

 

  1. Estate of Eleuterio Juarez Garcia
    26PR00749
    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 November 18, 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 Gregory Scott Gould
    26PR00760
    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 November 18, 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 Clyde Jack Hammond
    26PR00859
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Bond is fixed at $33,900.00. 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 November 18, 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 Keith Arnold McLaughlin
    26PR00863
    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 November 18, 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 Gail Abel
    26PR00870
    Probate of Will

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Bond is fixed at $821,000.00. 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 November 18, 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 Gilia Gail Humrich
    26PR00872
    Determine Succession to Primary Residence

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Jack Henry Witt
    26PR00874
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED. The Court has received and reviewed the declaration of counsel filed August 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).  As to item 3.a 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 fact stated.  (Evidence Code section 702).  If counsel can obtain Petitioner’s signature on a supplement prior to the hearing, or file a death certificate, 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 October 16, 2026 at 9:30 a.m. in Department 63 to allow Petitioner time to cure the defect.

 

  1. Estate of Colette Burrows
    26PR00875
    Spousal Property Petition

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to October 23, 2026, at 9:30 a.m. in Department 63.  Please refer to the Probate Examiner Notes.  In addition, enforcement of a family law judgment may be had after the death of a party to the proceeding in that court if orders affecting property have been made prior to their death.  This Court’s view is that the relief sought here should be pursued in the family law case.  If the Petitioner choses to continue to prosecute the present petition in this court, they may wish to file a verified supplement addressing this tentative view.  In addition, the Court orders petitioner to serve on the San Francisco City & County Employees' Retirement System all moving papers in this case along with a notice of the continued hearing date, and a copy of these minutes, at least 20 days prior to the hearing.  Service shall be in the manner of a summons and proof of that service shall be filed at least seven days before the hearing.  The Court has not otherwise reviewed the merits of the petition.

 

  1. Estate of Christine A. Sabuco
    26PR00890
    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 November 18, 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 Edward D. Tomaszewski
    26PR00894
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to October 9, 2026, at 9:30 a.m. in Department 63.  Petitioner is directed to file a verified supplement at least 10 days before the hearing stating why opening probate is necessary.  The Court notes the petition indicates there are no assets to administer. 

 

  1. Estate of Juan Carlos De Leon Mazariegos
    26PR00895
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to October 16, 2026, at 9:30 a.m. in Department 63.  Please refer to the Probate Examiner Notes.

 

  1. Estate of Myrna Ring Miller
    26PR00904
    Determine Succession to Primary Residence

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. 

 

  1. Matter of Harry Herman Meyer
    26PR01000
    Establish Record of death

Tentative Ruling: NO APPEARANCES REQUIRED.  The petition is DENIED without prejudice based on lack of evidence.  Additional types of evidence that petitioner may consider submitting in connection with any renewed petition may include, but are not limited to:  marriage license; information about the outcome of family law proceeding (Was a divorce obtained? Did it involve adjudication of property rights? If not why not?); why the proceeding is brought here when the divorce proceeding was venued in another county; hiring of a professional heir search firm, or similar service, and report of findings (the attached email correspondence is wholly insufficient to establish due diligence).  The Court notes that the publications attached are illegible.  The Court is not unsympathetic to the difficulty the petitioner faces with regard to the current title of the real property, however, even she states she does “not know… if he is still alive.” 

 

***End of Tentative Rulings***