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

• Navigate to website: https://sonomacourt-org.zoomgov.com/j/1603772262
• Enter Meeting ID: 160 377 2262
• And Password: 419097

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.

1. Estate of Lori Anne Magliulo
   24PR00298
   Waiver of Account & Report

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

 

2. Estate of Brady Alan Parmeter
   24PR01077
   Account & Report

Tentative Ruling: NO APPEARANCE REQUIRED.  APPROVED, except that the Court will require the cash distribution to the minor beneficiary (and any later discovered cash assets) to be placed in a blocked account.  Petitioner is directed to submit a Judicial Council Form MC-355 for the Court’s signature.  Matter is SET on August 20, 2026 at 3:00 p.m. in Dept. 12 for proof of deposit of funds into a blocked account.  If proof (Judicial Council Form MC-356) has been filed at least seven days prior to the hearing, no appearances will be required and the matter will be dropped from calendar.  Petitioner is directed to submit a revised order after hearing that conforms to this ruling.

 

3. Estate of Donna M. Grose
   25PR00331
   Waiver of Account & Report

Tentative Ruling: APPROVED. NO APPEARANCE REQUIRED. Statutory fees are reduced to $16,746.29 based on the Inventory and Appraisal as Petitioner has not provided supporting information regarding the receipts included in the calculation in the Final Account.

Any future court dates are DROPPED from calendar.

 

4. Estate of Herbert Herman Weiss
   25PR00414
   Account & Report

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

 

5. Estate of Robert Blair
   25PR01316
   Petition Filed Under Probate Code Section 850 for Order Determining Adverse Claim to Real Property; For Conveyance/Transfer; and For Related Relief

Tentative Ruling: NO APPEARANCES REQUIRED. The Probate Code section 850 petition is DENIED. The petition seeks reformation of a deed based on mistake. The three-year statute of limitations under California Code of Civil Procedure §338 applies to such an action. See Welsher v. Glickman (1969) 272 Cal.App.2d 134, 139–140. The claim underlying a section 850 petition in probate is subject to the same statute of limitations that would apply had an ordinary civil suit been brought.  Estate of Yool (2007) 151 Cal.App.4th 867, 874 Fn. 5. The petition, at paragraph 17, admits that the petitioner has known of the alleged mistake since at least 2018. Therefore, the petition is barred by the statute of limitations.

The petition for letters of administration filed November 14, 2025 is APPROVED, except that the request for IAEA authority is denied as it was not included in the publication.  Petitioner is directed to lodge a revised proposed order after hearing and letters consistent with this ruling. 

Bond is waived as the sole beneficiary has 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 June 17, 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.

 

6. Estate of Gregg C. Budgell
   25PR01495
   Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to June 5, 2026, at 9:30 a.m. in Department 12.  Please refer to the Probate Examiner Notes.

If Petitioner has not cleared all the deficiencies listed in the Notes prior to the next hearing, the Petition will be dismissed at that hearing.  The Court has received and reviewed the proof of publication filed on April 15, 2026, but finds that it is not code compliant in that the date of the first publication was less than 15 days prior to the hearing.  See Probate Code section 8121.  Because the attempted publication provides notice of the April 17, 2026 hearing date, it will not be effective for the continued hearing date and new, timely, publication must be accomplished.  The Court has also received and reviewed the declaration of counsel filed April 15, 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 is willing to infer that the exception in that section applies as to the terms of the trust, presuming counsel has been provided with a copy of the trust (though this is not explicitly stated in the declaration).  But there is no basis to conclude the attorney has personal knowledge of the facts stated with regard to Part 5.  (Evidence Code section 702).  A supplement verified by Petitioner is required.

 

7. Estate of Mark Scott Freeman
   25PR01503
   Probate of Will & Admin WWA

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. The Court notes that at the last hearing on February 27, 2026, an appearance was made for the purpose of objecting as allowed by Probate Code section 1043.  The Court ordered that the objecting party place such objections in writing and file and serve them no later than March 30, 2026, or they would be deemed waived.  No objections were in fact filed by that date and they are therefore deemed waived.  California Rule of Court, Rule 7.801.

Bond is set in the amount of $29,750,000.00.  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 17, 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.

 

8. Estate of Mary M. Meagher
   25PR01526
   Spousal Property Petition

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to June 5, 2026, at 9:30 a.m. in Department 12 to trail related case 26PR00269, Estate of Gary Meagher.

 

9. Estate of Sharon K. Selbach
   26PR00242
   Determine Succession to R/P

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

10. Estate of Michael Bellmer
    26PR00253
    Probate of Will

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Bond is waived as the sole beneficiary has 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 June 17, 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. Estate of Jeanne L. Osteen
    26PR00254
    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 June 17, 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.

 

12. Estate of Frank Berlanga, SR.
    26PR00255
    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 June 17, 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.

 

13. Estate of Carly Wayne Loggins
    SPR-093146
    Petition for Extending Time to File Inventory and Appraisal

Tentative Ruling: APPEARANCES REQUIRED for an update on the status of litigation of the estate of decedent’s father, Charles Loggins and status of estate administration.

 

14. Estate of Archie C. Schumann
    SPR-095845
    Account & Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

15. Estate of Jeffrey William Jahn
    SPR-097502
    Waiver of Account & Report

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

 

16. Estate of David Paul Badella
    SPR-097757
    Waiver of Account & Report

Tentative Ruling:  NO APPEARANCES REQUIRED. The Court will accept the position of the parties that the presumption of Evidence Code section 667 applies here.  No further petition is needed and this fact may be included in any final order of distribution or settlement agreement.  The matter is otherwise CONTINUED to June 18, 2026 at 9:30 a.m. in Dept. 12 (note this is a Thursday), for further hearing on the petition for final account and distribution.  The parties are ordered to continue their meet and confer efforts and to file statements of issues, all consistent with the local rules.

 

***End of Tentative Rulings***