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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 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:

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  • 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

June 26, 2026 at 9:30 a.m.

  1. Estate of Judith N. Paige
    23PR00249
    Waiver of Account & Report

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to August 7, 2026, at 9:30 a.m. in Department 12 to allow Petitioner an opportunity to file a supplement in support of the statutory fee calculation.  Please refer to the Probate Examiner Notes.  Any supplement must be filed and served at least 10 days prior to the hearing.

 

  1. Estate of Demetrios Moniodis
    24PR00758
    Other Hearing:

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to August 7, 2026, at 9:30 a.m. in Department 12 to allow sufficient time for the Franchise Tax Board to respond, if necessary, to the Notice mailed to them on 5/21/26.

 

  1. Estate of Veronica Conteras de Hernandez
    24PR00823
    Account & Report

Tentative Ruling: NO APPEARANCES REQUIRED. The petition is APPROVED except that the request for reimbursement to the Administrator is reduced to $3,493.88. The balance of the request for reimbursement is denied as there is presently an insufficient showing that the

expenditures were necessary for the preservation of estate assets and in the interests of the estate.  The Court has reviewed the declaration filed June 16, 2026, and finds it completely unresponsive to the ruling of the Court issued May 15, 2026, and thus insufficient to alter the ruling of the Court as stated at that hearing.  Petitioner shall lodge an updated order after hearing consistent with this order.

 

  1. Estate of Henry Schimpfhosl
    24PR00915
    Account & Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of William Wayne Craven
    24PR00954
    Waiver of Account & Report

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to August 7, 2026, at 9:30 a.m. in Department 12, to provide an opportunity for the Court to review the 24 page supplement filed June 23, 2026 and to allow petitioner an opportunity to serve the Windsor Community Church with code compliant Notice of Hearing, or file proof of payment of bequest.

 

  1. Estate of Linda R. Kelley
    25PR00359
    Waiver of Account & Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Brenda Dewick
    25PR00712
    Account & Report

Tentative Ruling:  APPROVED.  NO APPEARANCES REQUIRED.  While the statutory fee calculations are incorrect as they do not include receipts and losses, the fees requested in the prayer and proposed order are below the statutory fee amount rendering this issue moot.  The Court will sign the proposed order with reduced fee amounts.

 

  1. Estate of Lawrence G. Tiller
    25PR00989
    Waiver of Account & Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

 9, 10, 11. Estate of Brian Kenneth Mariette
                      25PR01396
                      Letters of Administration (cont. from 5/15); Probate of Will (cont. from 5/15);
                      To Determine Heirship (new)

Tentative Ruling on Petition to Determine Heirship: NO APPEARANCES REQUIRED.  The petition is GRANTED.  No objection has been filed.  The Court notes a declaration, unconnected to any hearing, was filed on June 3, 2026 that addresses in part the issue of abandonment, but finds it does not function as an objection.  Should an objection be made at the time of the hearing pursuant to Probate Code section 1043, the Court will proceed to set this petition for trial if all parties are present and trail the petition for letters of administration filed by Joan Mariette. 

Tentative Ruling on Petition for Letters of Administration filed by Joan Mariette:  APPEARANCES REQUIRED for trial setting in light of the objection of Sarah Burrage.  The objection of Robert Mariette is overruled in light of the ruling on the Petition to Determine Heirship and he shall not have standing to participate in the trial on the matter. 

Should the petition to determine heirship become contested at the hearing, this matter shall instead trail the outcome of the petition to determine heirship and the Court will not overrule the objection of Robert Mariette at this time.

Tentative Ruling on Petition for probate of will filed by Sarah Burrage:  NO APPEARANCES REQUIRED. The petition is DENIED in light of the failure to cure all the previously identified defects. (See three issues identified in updated probate examiner notes posted June 18, 2026.)

 

  1. Estate of Frances V. Arfsten
    26PR00005
    Letters of Administration

Tentative Ruling:  NO APPEARANCES REQUIRED.  The previously identified defects remain.  No update has been filed.  This is the third continuance for this matter.  Matter is DISMISSED without prejudice pursuant to Local Rule 6.2.C.2.c.

 

  1. Estate of Jennifer Ann Graham
    26PR00350
    Probate of Will & Admin WWA

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to August 7, 2026, at 9:30 a.m. in Department 12.  Please refer to the Probate Examiner Notes, which do not pertain to the petition for letters of special administration of Don Graham, which was already granted.  They pertain to the petition for probate filed by petitioner Reginald Hindley on March 19, 2026.  Petitioner Hindley should also note Local Rule 6.2.C.2.c, which as of July 1, 2026, limits continuances for procedural defects to two before a matter will be dismissed without prejudice.

As to the letter of special administration issued to Don Graham, on May 22, 2026, the Court ordered an expiration date for the existing letters of special administration.  The Court generally will not empower a representative of the estate for the entirety of related litigation via only letters of special administration.  However, in light of the information provided in the status report filed June 16, 2026, the Court has reconsidered and finds it appropriate to do so here.  It therefore vacates its order of May 22, 2026 imposing an expiration date.  The letters of special administration shall expire upon the conclusion of the related litigation as specified in the original order granting the letters or further order of the Court.  Matter is SET on the case management conference calendar on May 20, 2027 at 3:00 p.m. in Dept. 63 for update on related litigation and possible termination of letters of special administration.  Special administrator is ordered to file an update on status at least seven days prior to the hearing.

   

  1. Estate of Parker Monroe Briggs
    26PR00428
    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 August 26, 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 Mark Freeman
    26PR00516
    Other Hearing

Tentative Ruling:  NO APPEARANCES REQUIRED.  This matter is CONTINUED to August 14, 2026 at 9:30 a.m. in Department 12 for the reasons set forth below.

Use of the DE-115 notice of hearing form is mandatory in the context of California Probate Code (“Prob C”) §850 petitions. The petitioner has used the incorrect notice of hearing form here, the DE-120 form.

The notice of hearing does not include a description of the property that is the subject of the Prob C §850 claim, as required by Prob C §851(c)(1).

The respondent, Casey Campell, is the person alleged to be in possession of property belonging to the estate. She is entitled to notice pursuant to Prob C §851(a)(2), i.e. in the manner of a summons, but she is served by mail only. Petitioner should note that Prob C §851(a) requires service of the notice of hearing and a copy of the petition in the manner provided by California Code of Civil Procedure §413.10 et seq. (i.e. in the manner of a summons.)

 

  1. Estate of Ricardo F. Fernandez
    26PR00528
    Spousal Property Petition

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to August 7, 2026, at 9:30 a.m. in Department 12.  Please refer to the Probate Examiner Notes.

 

  1. Estate of Gloria Jean Harp
    26PR00537
    Spousal Property Petition

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Gary Lynn Holmes
    26PR00554
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to August 14, 2026, at 9:30 a.m. in Department 12 to allow Petitioner time to file Proof of Publication (see Probate Coded section 8124.)  Please refer to the Probate Examiner Notes.

 

  1. Estate of Ginny Lynn Azlin
    26PR00560
    Determine Succession to R/P

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Leighton D. Schnur
    26PR00577
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to August 14, 2026, at 9:30 a.m. in Department 12.  Please refer to the Probate Examiner Notes.

 

  1. Estate of Shannon Judy Lee Schumacher
    26PR00587
    Probate of Will

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. No bond is required as all beneficiaries 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 August 26, 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 Melanie J. Stapper
    26PR00588
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Bond is set in the amount of $1,000,000.00. 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 August 26, 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.

The Court finds the request to change the authority issued to limited untimely in terms of notice and publication and notes the Court would require more than a nominal bond in any event.

The Court finds the declaration of diligent search sufficient for the opening of probate, but will require the hiring of professional heir finding services prior to any final distribution that does not include a distribution directly to all heirs.

 

  1. Estate of Isaiah Herman Switcher
    26PR00600
    Spousal Property Petition

Tentative Ruling:  APPROVED.  NO APPEARANCES REQUIRED.

 

  1. Estate of Frank Mendia
    26PR00609
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to August 14, 2026, at 9:30 a.m. in Department 12.  Please refer to the Probate Examiner Note as to item 8.  The Court finds the defect with regard to the caption to not be material and would otherwise grant the petition if the last examiner note is cured (either with a request to appear at the present hearing, or a filed supplement for the future one).

 

  1. Matter of Kendra Neese
    26PR00757
    Establish Record of Marriage

Tentative Ruling:  NO APPEARANCES REQUIRED. This matter is CONTINUED to August 14, 2026, at 9:30 a.m. in Department 12.  The Court is inclined to grant the petition, however, in light of the litigation with the other spouse the Court will require petitioner to provide notice of hearing and service of the petition to the other spouse at least 15 days prior to the next hearing date.  Proof of service must be filed at least seven days before the hearing.

 

  1. Estate of Willibald Schroffner
    SPR-090849
    Other Hearing

Tentative Ruling: NO APPEARANCES REQUIRED.  The petition is DENIED. The Court declines to exercise its discretion to reopen administration of the estate on the uncontested allegations of the petition, which are vague, inconsistent, uncertain and conclusory.

 

***End of Tentative Rulings***

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