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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

May 1, 2026 at 9:30 a.m.

  1. Estate of Gina Renee Lowry
    24PR00123
    Account & Report

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

The proposed order submitted 3/9/26 is incomplete as it is missing Exhibit “B.” Petitioner is to submit a new proposed order.

 

  1. Estate of Buffy Ann Donaldson Lavasser
    24PR00357
    Waiver of Account & Report

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

 

  1. Estate of Henry Schimpfhosl
    24PR00915
    Account & Report

Tentative Ruling: NO APPEARANCES REQUIRED.  Matter is CONTINUED to June 23, 2026 at 9:30 a.m. in Department 12 for the reasons stated below. 

The Court has received and reviewed the declaration of counsel filed April 14, 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 in paragraph 2.  (Evidence Code section 702).  The attached death certificates are in a foreign language and so do not sufficiently address probate examiner note 2.  If counsel can obtain Petitioner’s signature on a supplement addressing the information in item 2 prior to the hearing, they should file it and request to appear for the purpose of presenting it to the Court.  The Court is then inclined to grant the petition as the declaration of counsel cures all other issues.  Otherwise, this matter is CONTINUED to June 23, 2026 at 9:30 a.m. in Department 12 to allow Petitioner time to cure the defect.

 

  1. Estate of Eva Sophia Agostini
    24PR01110
    Account & Report

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

 

  1. Estate of David Michael Marinsik
    25PR00175
    Waiver of Account & Report

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

 

  1. Estate of Carolyn Anne Irwin
    25PR00478
    Probate of Will

Tentative Ruling:  APPEARANCES REQUIRED.  The Court intends to set for trial the amended petition of Heriberto Solano to admit decedent’s August 4, 2020 will.  The related matters will trail.  The Court understand the parties request a trial date no sooner than November 2026 and estimate trial will take five to eight days. 

 

  1. Estate of Peter Harold Bacigalupi
    25PR00601
    Waiver of Account & Report

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

 

8, 9, 10.  Estate of Albert John Patane
                    25PR01028
                    Petition Under Probate Code §§850–859 for Return of Property, Surcharge, and Double Damages Probate of Will and Admin WWA
                    Probate of Will

Tentative Ruling: The Petition for Probate filed by Nina Patane is APPROVED. NO APPEARANCES REQUIRED. The Court may, in its discretion, require the personal representative to furnish a bond (CRC 7.201(b), Probate Code §8571.) As the personal representative is not a resident of California, bond is fixed in the nominal amount of $20,000. 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 June 3, 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.

 

11, 12.  Estate of Jason Arthur Windus
                 26PR00057
                 Letters of Administration

Tentative Ruling: The Petition for Administration filed by Lori Beth Merrill is APPROVED. NO APPEARANCES REQUIRED. Bond is fixed at $350,000.00. 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 June 3, 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 Bradley M. Zappa
    26PR00124
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to July 23, 2026, at 9:30 a.m. in Department 12.  Please refer to the Probate Examiner Notes.

 

  1. Estate of Russell Ogden Odell
    26PR00282
    Determine Succession to R/P

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

 

  1. Estate of Susan M. Cambra
    26PR00307
    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 June 3, 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 Joseph P. Matteri
    26PR00310
    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 July 1, 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 Diane Alvarez
    26PR00333
    Spousal Property Petition

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to July 10, 2026, at 9:30 a.m. in Department 12. As objections have been filed, pursuant to local rule 6.2 (F)(2), the parties are directed to meet and confer and make a reasonable and good faith attempt to informally resolve the controversy at a face-to-face conference (which is deemed to include video platforms such as Zoom), if possible, otherwise by telephone conference. If the matter has not resolved, the parties shall each file statements of issues no later than seven (7) court days before the continued hearing date. Local Rule 6.2 F.3. Petitioner should address issues raised in the probate examiner notes posted in the case file.

 

  1. Estate of Vernon Vincent Nichols, Jr.
    26PR00346
    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 June 3, 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 Gary W. Stewart
    26PR00349
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. The Court may, in its discretion, require the personal representative to furnish a bond (CRC 7.201(b), Probate Code §8571.) As the personal representative is not a resident of California, bond is fixed in the amount of $100,000. 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 July 1, 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 Tracy Dunn
    26PR00352
    Determine Succession to R/P

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Matter of Lisa Rene Smith and Kippy Wayne Smith, II
    26PR00509
    Establish Record of Marriage

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.  The Court will sign the proposed order lodged April 23, 2026.

 

***End of Tentative Rulings***

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