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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.
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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

Honorable Jennifer V. Dollard
April 25, 2025 at 9:30 a.m.

  1. Estate of Jeffrey John Raymond
    23PR00342
    Account & Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Any future Case Management Conference dates are DROPPED from calendar.

 

  1. Estate of Robert Burns Seymour
    24PR00639
    Waiver of Account & Report

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to May 30, 2025, at 9:30 a.m. in Department 12. Please refer to the Probate Examiner Notes posted in the case file.

 

  1. Estate of Ronald Allen Whittsit
    24PR00843
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to August 29, 2025, at 9:30 a.m. in Department 12 to allow additional time for settlement discussions. With regard to the upcoming petition to appoint a special administrator, rather than general powers, the parties are directed to consider whether authority should be limited to the power to sell the real property with funds generated by the sale to be deposited directly from escrow into a blocked account.  Any expenditures necessary for this purpose could be subject to Court approval should there be an objection to the need or amount of such expenditure. 

The parties are ordered to file a status update at least seven (7) days before the next CMC hearing.

 

  1. Matter of Jack Oswald
    24PR01111
    Establish Record of Marriage

Tentative Ruling: NO APPEARANCE REQUIRED. The Court presumes further time is needed to obtain the foreign marriage license with attached apostille. This matter is CONTINUED to July 25, 2025, at 9:30 a.m. in Department 12.

If the required document has not been received and filed Petitioner is ordered to file a status update at least seven (7) days prior to the hearing to advise the Court whether he wishes to continue pursuing this petition, otherwise, the matter may be denied without prejudice for lack of prosecution.

 

  1. Estate of Donna Mae Michel
    25PR00034
    Probate of Will

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 nominal amount of $20,000.00. 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 18, 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 Joseph Marvin Weaver
    25PR00179
    Letters of Administration

Tentative Ruling:  NO APPEARANCES REQUIRED. Matter is CONTINUED to July 11, 2025, at 9:30 a.m. in Department 12. The Court is satisfied that the proof of service on Thomas Weaver care of his attorney in fact is sufficient given the declaration filed April 10, 2025.  However, the Court also required the filing of a certified death certificate for Douglas Weaver and a statement of due diligence from a competent witness regarding efforts to locate any of his potential heirs, neither of which have been addressed.  The continuance is to give petitioner another opportunity to respond to the Court’s direction.  Any responsive documents should be filed and served at least 10 days prior to the hearing.

 

  1. Estate of Phyllis Kay Manning
    25PR00248
    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 18, 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 Jones
    25PR00250
    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 $50,000.00. The Court has considered the use of a blocked account as requested by petitioner but finds that would not sufficiently serve the purpose of the requirement to post a bond in this case.  In light of the waivers of bond, however, the Court has exercised its discretion to require a bond that is less than the total value of the estate.  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 18, 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 Ervin Jim Bell
    25PR00251
    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 June 18, 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 Carole A. Yox
    25PR00252
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to June 6, 2025, 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 is ordered to file the original will with the Court.

The following documents are stricken as not drawn in conformity with the law. California Code of Civil Procedure (CCP) section 436:

  1. All exhibits attached to the Objection filed April 4, 2025, by Objector Heather Martindale.  An objection is a legal pleading framing the issues for resolution.  It is not a vehicle for the presentation of evidentiary matters.  In addition, the 152 pages attached as exhibits contain information in violation of California Rule of Court, Rule 1.201.  The Court orders the entire document sealed, and the clerk to file only pages 1-17 with a file date of April 4, 2025, which shall constitute the Objection.  No further service of the Objection is required.
  2. The Supplemental Statement Regarding Residuary Clause…, filed April 8, 2025, by Objector Heather Martindale.  To the extent a party seeks to amend a responsive pleading, leave to amend via a noticed motion to amend must be sought, absent a stipulation and court order.  CCP section 473. 
  3. All exhibits attached to the Objection filed on April 8, 2025, by Heidi Yox Padilla.  An objection is a legal pleading framing the issues for resolution.  It is not a vehicle for the presentation of evidentiary matters.  The Court orders the entire document sealed, and the clerk to file only pages 1-25 with a file date of April 8, 2025, which shall constitute the Objection.  No further service of the Objection is required.
  4. The Supplemental Declaration if Heidi Yox Padilla in Support of Objection to Appointment of Executor filed April 10, 2025.  To the extent a party seeks to amend a responsive pleading, leave to amend via a noticed motion to amend must be sought, absent a stipulation and court order.  CCP section 473.
  5. The Declaration of Heidi Yox Padilla Requesting Imposition of Bond filed April 10, 2025.  CCP section 473.
  6. The Objection to Grant of Full IAEA Authority filed April 15, 2025, by Objector Heather Martindale.  CCP section 473.

Should the parties at some point wish to submit the matter to the Court for decision, and forego their right to an evidentiary hearing, the Court will discuss with them the procedure for doing so, including submitting evidence for the Court to consider.

 

  1. Estate of Rita J. Shine
    25PR00258
    Probate of Will

Tentative Ruling:  NO APPEARANCES REQUIRED. This matter is CONTINUED to May 30, 2025, at 9:30 a.m. in Department 12. Please refer to the Probate Examiner Notes posted in the case file. 

 

  1. Estate of Ann Claire Maurice
    25PR00259
    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 $2,246,400.00.  The Court considered a reduced bond amount, but given the size of the estate, it did not find that to be advisable.  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 18, 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 Terri R. Gomke
    25PR00260
    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 $50,000.00. 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 18, 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 Suzanna Marie Bigon
    25PR00278
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. No bond is required as the sole heir 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 18, 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 Lisa Louise Glenister
    25PR00309
    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 18, 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 Odin C. S. Miller
    25PR00310
    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 18, 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 Ruth Marie Trout
    25PR00313
    Probate of Will & Admin WWA

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Bond is fixed in the amount of $1,030,000.00. 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 18, 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 Lucia Eames
    SPR87062
    Other

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to May 30, 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 it provided counsel the alternative of filing a declaration addressing due diligence efforts to locate and notify the executor of the petition.  No such declaration has been filed.  If the procedural issue noted is not cured before the next hearing on the matter, the pending petition will be denied without prejudice and the case will be dismissed on the conditions stated in the OSC filed January 14, 2025.   

 

  1. Estate of Edward Callahan Lohr
    SPR092028
    Other Hearing

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Hugh C. Bullard
    SPR096660
    Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Lillian Maria Fraser
    SPR096850
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Linda Cook is appointed as successor Administrator. Bond is fixed at $743,734.40.

The matter is SET on the October 23, 2025, probate case management conference calendar at 3:00 p.m. in Department 12 for status of estate administration.

 

  1. Estate of Claire Irene Albrecht
    SPR097250
    Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Any future Case Management Conference dates are DROPPED from calendar.

 

  1. Estate of Betty Ann Eaton
    SPR097341
    Account & Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Timothy Lawrence Korn
    SPR097650
    Account & Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

***End of Tentative Rulings***

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