Skip to main content

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 63 “Zoom” Online

To Join Department 63 “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 63:

  • 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

August 28, 2026 at 9:30 a.m.

  1. Estate of Dwayne M. Smith
    24PR00628
    Waiver of Account & Report

Tentative Ruling: APPROVED.  NO APPEARANCES REQUIRED. Petitioner to submit a revised proposed order to the Court. The Court notes that the one submitted August 11, 2026 does not contain a legal description of the property.  Any future court dates are DROPPED from calendar.

 

  1. Estate of Herbert Weldon Semmelmeyer, Jr.
    24PR00882
    Account & Report

Tentative Ruling: APPROVED.  NO APPEARANCES REQUIRED.

 

  1. Estate of Jean Ann Pacheco
    25PR00191
    Waiver of Account & Report

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

 

  1. Estate of Jason R. Myers
    25PR00538
    Waiver of Account & Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Ron R. Hindley
    25PR00734
    Probate of October 18, 2024 Will filed by Don Graham

Tentative Ruling:  NO APPEARANCES REQUIRED.  This matter is CONTINUED to October 16, 2026 at 9:30 a.m. in Department 63.  As an objection has been filed, this is now a contested matter.  The parties are ordered meet and confer and to comply with local rules 6.2.F.2 and 6.2.F.3 in advance of the continued hearing. 

 

  1. Estate of Alan Anthony Holbrook
    25PR00800
    Account & Report

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to October 2, 2026, at 9:30 a.m. in Department 63.  Please refer to the Probate Examiner Notes.  If petitioner has proof of timely service, she should file it and request to appear for the purpose of presenting to the Court.  The Court is then inclined to approve the petition, absent objection, and subject to submission of a revised proposed order.

 

  1. Estate of George David Guzman
    25PR01280
    Waiver of Account & Report

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to October 2, 2026, at 9:30 a.m. in Department 63.  Please refer to the Probate Examiner Notes.

 

  1. Estate of Mark Scott Freeman
    25PR01503
    Other Hearing: PTN for Order Authorizing Surviving Spouse to Remain in Possession of Family Dwelling Pending Hearing on Homestead Set-Aside and Spousal Property PTN

Tentative Ruling:  APPEARANCES REQUIRED.  The Court previously indicated an intent to stay litigation on the petition set for the present hearing.  See ruling on ex parte filed July 7, 2026.  To the extent there is an objection, the Court is inclined to set a briefing schedule to allow the parties to brief the question.  If there is no objection, the petition filed on July 2, 2026, including the deadline for any objection to same, will be stayed until resolution of the question of validity of the annulment in case 25FL01284 or further order of the Court.

 

  1. Estate of Roger Valena
    26PR00002
    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.

 

  1. Estate of Joan Patricia Covell
    26PR00683
    Determine Succession to R/P

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Matthew A. Raymond
    26PR00807
    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.

 

  1. Estate of Crisia Antanette Matis
    26PR00810
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Bond is fixed at $475,000.00. 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 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.

 

  1. Estate of Ivan D. Vinnick
    26PR00815
    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 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.

 

  1. Estate of Louise Holcomb
    26PR00825
    Determine Succession to Primary Residence

Tentative Ruling: NO APPEARANCES REQUIRED. The Court has received and reviewed the declaration of counsel filed August 14, 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 does not find that the exception in that section applies as there is no basis to conclude the attorney has personal knowledge of the facts stated.  (Evidence Code section 702).  If counsel can obtain Petitioner’s signature on a supplement prior to the hearing, they should request to appear for the purpose of presenting it to the Court.  The Court is then inclined to grant the petition.  Otherwise, this matter is CONTINUED to October 2, 2026 at 9:30 a.m. in Department 63 to allow Petitioner time to cure the defect.

 

  1. Estate of Darryl R. Beardall
    26PR00829
    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 amount of $20,000. 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.

 

  1. Estate of Maryellen Jewel Sechser
    26PR00837
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to October 9, 2026, at 9:30 a.m. in Department 63.  Please refer to the Probate Examiner Notes.  Because there is no proof of publication filed, the October 9, 2026, hearing shall be treated as the initial hearing for purposes of any objection under Probate Code section 1043.  Letters of Special Administration are extended to October 9, 2026.

 

  1. Estate of Susan Charlene Hultberg
    26PR00857
    Probate of Will & Admin WWA

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to October 2, 2026, at 9:30 a.m. in Department 63.  Please refer to the Probate Examiner Notes.  If petitioner has a proof of holographic instrument, he should file it and request to appear for the purpose of presenting it to the Court and avoiding the continuance.

 

  1. Estate of Donald A. Wiedmann
    SPR-097345
    Motion

Tentative Ruling: APPEARANCES REQUIRED for status of case and possible trial setting on the Petition for Fiduciary Accounting; for Surcharge of Beneficial Interest for Breach of Fiduciary Duty; and Imposition of Constructive Trust, filed March 16, 2026.  The Court is inclined to grant that part of the petition that seeks an accounting from the former administrator and order her to account from the date of filing of the petition for probate on February 2, 2023 until the date of her removal.   The Court would require production of the accounting well prior to any trial date set.  If respondent contends such an order first requires resolution of disputed material facts, she should be prepared to make an offer of proof at the hearing which such facts require an evidentiary hearing.

The Court also notes that the parties were ordered to file statements of issues in compliance with the local rule if the matter was not fully resolved.  The Court is in receipt of a statement of issues from petitioner Richard Wiedmann that indicates the matter has not resolved.  No statement of issues has been filed by respondent Kelly Wiedmann.  Counsel for respondent should be prepared to offer an explanation for failure to comply with the Court’s order.

 

***End of Tentative Rulings***