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

• 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.

1,2. Estate of John Scott Bulger
          24PR00933
          Waiver of Account and Report: Other

Tentative Ruling:   NO APPEARANCES REQUIRED.  As to the Probate Code section 850 petition, the notice of hearing originally issued set this matter for hearing on June 5, 2026.  Prior to that time, the lender on the property was not served.  The Court’s ruling of June 5, 2026, stated:

NO APPEARANCES REQUIRED. The Petition filed 4/10/26 is CONTINUED to 7/17/26 at 9:30 a.m. in Dept. 12 for the reasons set forth below. The asset at issue in this Heggstad petition is real property. The petition indicates that the real property is encumbered. If the real estate at issue in a Probate Code section 850 petition is encumbered, the interest holder is entitled to notice as provided by California Probate Code (Prob C)§851(a)(2). The 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.) The Court may not shorten the time for giving notice. Prob C §851(d). There is presently no proof of service filed establishing the required notice has been given. This matter is continued to allow the petitioner another opportunity to give code compliant notice and file proof of service after having done so.

After the above ruling of the Court was adopted, a new Notice of Hearing setting the matter for August 14, 2026 was filed.  Petitioner Costa and objector then filed a stipulation to continue the July 17, 2026 date to August 14, 2026.  Petitioner Costa has now filed a proof of personal service of the hearing on the lender and the Court finds the notice timely.  Any objection by the lender shall be made on or before the date and time of the hearing or be waived. 

On the merits of the Probate Code section 850 petition, the Court is in receipt of a single statement of issues from objector.  The information provided indicates the parties have met and conferred but have not yet reached an agreement.  A request to continue the matter for continued efforts at settlement is made.  The Probate Code section 850 petition is therefore CONTINUED to September 24, 2026, at 9:30 a.m. in Dept. 12.  The parties are ordered to meet and confer and file statements of issues in accordance with the local rules.

The petition for final distribution on waiver of account shall trail to the same day, pending the outcome of the section 850 petition.

 

3. Estate of Karen Elaine Aguiar
   24PR01004
   Waiver of Account and Report

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

 

4. Estate of Heidilyn Jymae Brunsmann
   25PR00063
   Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

5. Estate of Gerald Alan Lambrecht
   25PR00509
   Waiver of Account and Report

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

 

6. Estate of Robert L. Brenna
   25PR0054
   Waiver of Account and Report

Tentative Ruling:  NO APPEARANCES REQUIRED.  In the absence of an objection, APPROVED.  The Court notes that attorney Merci Hall filed a Request for Special Notice on 10/17/25 as the attorney for the conservators Kari Brenna and Theodore Brenna.  On 4/2/26 a Substitution of Attorney for Kari Brenna and Theodore Brenna was filed with attorney Richard Sax substituting into the action. This was before the filing of the present petition and there is no proof of service on Mr. Sax of the present petition.  However, Mr. Sax did not file a Request for Special Notice.  There is a proof of service for the Notice of Hearing filed for service on Merci Hall as attorney for Kari Brenna and Theodore Brenna.  After this petition was filed, a declaration by Mr. Sax was filed to which is attached a copy of a document purporting to be the will of the decedent.  There is no petition to probate a will and no objection to the present petition.

 

7. Estate of Pamela H. Saylor
   25PR00623
   Waiver of Account and Report

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

 

8. Estate of Steven K. Hightower
   25PR00732
   Waiver of Account and Report

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

 

9. Estate of Shirleen Ruth Adams
   25PR01318
   Waiver of Account and Report

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

 

10. Estate of DeAnne Frances Davidson
    25PR01436
    Waiver of Account and Report

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

 

11. Estate of Mark Freeman
    26PR00516
    Other

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

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

Tentative Ruling: NO APPEARANCES REQUIRED. Publication occurred in the Petaluma Argus-Courier which is published in the City of Petaluma, California. The decedent was a resident of the City of Santa Rosa, California.

Matter is CONTINUED to September 18, 2026, at 9:30 a.m. in Department 63 to allow Petitioner time to file proof of publication in compliance with Probate Code section 8121.

 

13. Estate of Frank Mendia
    26PR00609
    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 October 28, 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.

 

14. Estate of Dale Bruce White
    26PR00750
    Spousal Property Petition

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.  Petitioner to submit a revised proposed order.

 

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

Tentative Ruling: NO APPEARANCES REQUIRED.  On its own motion, the Court take judicial notice of 26FL01044, involving the same parties.  The Court notes that the same issue pending before this probate court for adjudication is also pending before the family court.  Given the inefficient duplication of judicial and party resources, and the risk of inconsistent outcomes, it is not appropriate to have this issue determined in two different cases.  This Court and the Family Court have conferred and concluded it is appropriate to instead order this case RELATED to the family law case and to transfer this matter to trail the hearing presently set in 26FL01044.  This matter is therefore CONTINUED to September 9, 2026 at 1:30 p.m. in Dept. 21.

 

16. Estate of Patrick Shawn McCloskey
    26PR00761
    Determine Succession to Primary Residence

Tentative Ruling:  APPROVED. NO APPEARANCES REQUIRED.

 

17. Estate of Maria T. Vigil de Hernandez
    26PR00784
    Determine Succession to Primary Residence

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

18. Estate of Daniel J. McKenna
    26PR00786
    Spousal Property Petition

Tentative Ruling: NO APPEARANCES REQUIRED.  The Spousal Property Petition is GRANTED in part and DENIED in part.

The Court confirms the one-half survivor's interest: Petition is GRANTED as to part 7b. 

Court DENIES the Petition as to property determined to pass to survivor, part 7a, as it passes to the trust. See Probate Code section 13501(b) and Probate Code section 850.

Petitioner is to submit a new proposed order that conforms to this ruling.

 

19. Estate of Betty Bernice Millman
    SPR097616
    Account and Report

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

 

***End of Tentative Rulings***