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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

December 12, 2025 at 9:30 a.m.

  1. Estate of Jacqueline Worley Kemp
    23PR00167
    Account & Report

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to February 6, 2026, at 9:30 a.m. in Department 12. Please refer to the Probate Examiner Notes posted in the case file.

 

  1. Estate of Paul B. Clinton, IV
    24PR00074
    Waiver of Account & Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Petitioner is to submit a new proposed order that lists the assets being distributed to each distributee as well as APNs for all real property: See Local Rule 6.3(E.).

 

  1. Estate of Christopher Vane Colebank
    24PR00471
    Waiver of Account & Report

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

 

  1. Estate of Charles D. Tesconi
    24PR00861
    Waiver of Account & Report

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

 

  1. Estate of Timothy Carlisle Osmer
    24PR00862
    Account & Report

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

 

  1. Estate of Aletta M. Buonaccorsi
    25PR00157
    Waiver of Account & Report

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

 

  1. Estate of Ruth Marie Trout
    25PR00313
    Account & Report

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

 

  1. Estate of Kenneth Alan Odell
    25PR00411
    Waiver of Account & Report

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

 

  1. Estate of Pamela H. Saylor
    25PR00623
    Other Hearing

Tentative Ruling:  NO APPEARANCES REQUIRED.  The Court’s view is that the ambiguous portion of the holographic will does not include words sufficient to allow it to discern an intent from the face of the document, even considering the extrinsic evidence provided.  Instead, the Court would be required to add specifics and terms to the will (who the friends are, how much they receive, etc.), which is beyond the power of the court.  As a result, the Court directs that the distribution of that portion of the decedent’s estate that is not disposed of by the unambiguous portions of the holographic will be distributed according to the rules of intestacy.  Petitioner is directed to submit a revised proposed order consistent with this ruling.  The Court thanks Petitioner’s counsel for the excellent brief regarding the applicable law in this area applied to the facts of this case.

 

  1. Estate of Peter B. Martin, Jr.
    25PR00649
    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 February 18, 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 Albert John Patane
    25PR01028
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED. The Petition of JoAnn Patane Rizzardo is CONTINUED to February 6, 2026, at 9:30 a.m. in Department 12 to be heard with a competing Petition for Probate filed by Nina Patane.  The Court notes not all the procedural deficiencies listed in the probate examiner’s notes for JoAnn Patane Rizzardo’s petition have been addressed.  If the deficiencies remain at the next hearing, the petition will be dismissed without prejudice.

As objections have been filed, pursuant to local rule 6.2 (F)(2), the parties are ordered 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.).

 

  1. Estate of James H. Montgomery
    25PR01201
    Determine Succession to R/P

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Rickey Allen Daniels
    25PR01230
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED. Matter is CONTINUED to January 23, 2026, at 9:30 a.m. in Department 12.

 

  1. Estate of Estate of Virgillo Cruz Ranada Jr.,
    25PR01232
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED. Matter is CONTINUED to December 19, 2025, at 9:30 a.m. in Department 12 to be heard with a competing Petition for Probate filed in case 25PR01294.

 

  1. Estate of Max Molina
    25PR01243
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. No bond is required as there are presently no assets.  Should that change in the future, the Petitioner shall apply to the court by drop-off ex parte to obtain or order setting an appropriate bond amount. 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 February 18, 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 Steven Jay Dewitts
    25PR01255
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to February 6, 2026, at 9:30 a.m. in Department 12. Please refer to the Probate Examiner Notes posted in the case file.

 

  1. Matter of Christine Clay Bauman
    25PR01409
    Establish Record of Marriage

Tentative Ruling:  NO APPEARANCES REQUIRED.  The petition is DENIED.  Assuming all facts alleged in the petition are true, the petition does not establish that petitioners ever applied for and obtained a marriage license from the State.  A marriage done without a license is invalid. Estate of DePasse (2002) 97 Cal.App.4th 92, overruled on other grounds by Ceja v. Rudolph & Sletten, Inc. (2013) 56 Cal.4th 1113.  The procedure used by petitioners pursuant to Health and Safety Code sections 103450, et seq.. is designed to cure a failure to register the marriage, not the failure to obtain a license.  Estate of DePasse, Id at page 105.  The Court notes the forms used by petitioners include this information: 

a.   Marriage license* dated (date of each)
       *(A marriage license is required for a valid marriage in California. The procedure described in Health and Safety Code sec. 103450 et seq., cannot establish the validity of a California                   marriage if no license was obtained.)

If petitioners request to appear, they are directed to have with them a copy of a license issued by the State of California prior to the solemnization ceremony, yet never recorded, to present to the Court.  Absent it, the Court has no power to grant the petition.

 

  1. Estate of Philip John Sleeper
    SPR093236
    Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

***End of Tentative Rulings***

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