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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.    

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Tentative Rulings

May 15, 2026 at 9:30 a.m.

  1. Estate of Sammie L. Williams
    24PR00124
    Waiver of Account and Report

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

 

   2,3. Estate of Maxine Edith Moore
            24PR00483
            Letters of Administration; Revoke Letters

Tentative Ruling: NO APPEARANCES REQUIRED.  Both matters on calendar are APPROVED.  The letters testamentary issued July 11, 2024, are revoked.  The removed executor is not discharged and shall remain personally liable for any losses to the estate for any breaches of fiduciary duty to the extent allowed by law and established by the facts.  The petitioner is appointed the new administrator with will annexed.  To address the probate examiner notes, the Court takes judicial notice of the original will filed in this case on May 22, 2024, and orders that this is the will subject to probate.  While that will waives bond for any executor named in the document, the petitioner here is not a named executor and there are no waivers of bond.  The Court therefore requires bond in the amount of $914,000 prior to the issuance of letters.  The Court finds new publication is not required in light of the publication accomplished when the estate was first opened. 

Petitioner is to file 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 July 15, 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.
 

      4, 5. Estate of Veronica Contreras De Hernandez
                24PR00823

                Account and Report

Tentative Ruling: NO APPEARANCES REQUIRED.  The petition is APPROVED except that the request for reimbursement to the Administration 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.  It is unclear to the Court why mortgage payments were only intermittently paid.  The same is true of the utility payments and it appears the amounts paid for utilities far exceed the amounts that would be incurred for a vacant property.  It is unclear why a home warranty was necessary and the same is true for the entry “Refrigeration Supplies Distributor (Heater).” As an example, no mortgage payment was made for November 2025.  Yet a PG&E bill was apparently paid in December 2025 for $324.23.  How was the mortgage covered in November 2025?  Why was the PG&E bill that high in December if the property was vacant?  How was the mortgage covered since November 2025?  Why are the mortgage and utility payments only for some months and not others?  Why are there no mortgage or utility payments requested for any of 2026? 

If the Administrator wishes to provide additional information in support of those portions of the claim that are denied, he may request to appear for the purpose of requesting the matter be continued.  In that event, the Court will require receipts for any payment claimed, an explanation addressing the points raised above, and an explanation why the administration of the estate extended past the time set forth in Probate Code section 12200 (no federal tax return was due in this case).  The Court notes a number of the expenses claimed were incurred beyond one year after the date letters were issued.  Any such explanation must be filed and served at least 10 days prior to any future hearing date and the information must be presented in chronological order (the present attachment is randomized in terms of date entries).  The Court is in receipt of the Supplement to Petition for Distribution filed May 13, 2026, but notes it is not verified and it is disregarded.

 

  1. Estate of Rita Ruth Metz
    24PR01056
    Account and Report

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

 

  1. Estate of Leslie Christine Roper
    25PR00707
    Account and Report

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

 

  1. Estate of Janelle Rene Flynn
    25PR01032
    Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Any future court dates are DROPPED from calendar. Counsel is to submit a revised order correcting the amount for reimbursement.

 

  1. Estate of Steven Jay Dewitts
    25PR01255
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED. This matter has been continued previously on three occasions to allow Petitioner time to address deficiencies listed in the Examiner Notes. Petitioner has not addressed the deficiencies.  The Petition for Administration filed 11/4/25 is DISMISSED without prejudice pursuant to local rule 6.2.C.2.c.

 

  1. Estate of Evelyn C. Harrington
    25PR01391
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED. The Court did not previously order the hiring of an heir search firm but did direct that the efforts to locate relatives must be equivalent to the services provided by such a firm.  The information submitted by the petitioner does not meet that standard.  The matter is CONTINUED to July 17, 2026 at 9:30 a.m. in Dept. 12 to allow petitioner time to hire an heir search firm, which is now ordered, to conduct a professional search and to allow petitioner time to file the results, and serve code compliant notice to any relatives identified.  The Court notes that the will references “relatives” of the decedent, which would imply she had some.

 

 11, 12. Estate of Brian Keith Mariette
                 25PR01396
                 Probate of Will; Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED.  On calendar are two petitions.  The first is the petition of Joan Mariette for letters of administration filed December 1, 2025.  An objection to that petition was filed on March 2, 2026 by Robert Mariette.  On the same date a separate objection was filed by Sarah Burrage.  Pursuant to local rule 6.2(F)(2), the Court issued a tentative ruling directing the parties to meet and confer, to file statements of issues and continuing the matter to the present hearing date for that purpose.  Appearances were requested, after which the tentative ruling was adopted as the ruling of the Court.  The Court is in receipt of a statement of issues from petitioner Joan Mariette and objector Sarah Burrage, but none has been filed from objector Robert Mariette.  There are no outstanding probate examiner notes as to this petition.

Also on calendar is the petition of Sarah Burrage for probate of a will filed on March 25, 2026.  This is the initial hearing on that petition.  A “Contest and Grounds of Objection to Probate of Purported Will” was filed on March 2, 2026 by Robert Mariette, then in pro per.  A “declaration regarding objection to purported will” was also filed on April 10, 2026 by Robert Mariette, in pro per.  A second objection, not titled as an amended objection, and filed without leave of court, was filed on May 5, 2026 by newly appearing counsel for objector Robert Mariette.  In the absence of any objection to the amended objection filed May 5, 2026, and in the interests of judicial economy, the Court does not strike this document despite it having been filed without leave to amend.  The Court will treat this as an Amended Objection.  In doing so, it will completely supersede the prior pleadings.  The Court questions the effect this has on the contest, and the served summonses, but in the absence of legal authority or a stipulation to the contrary, the Court’s view is that new summonses will need to be issued and served.   There is not yet an objection to this petition filed by Joan Mariette but the joint statement of issues filed by her and Sarah Burrage on May 6, 2026, indicates she intends to object.  There are outstanding issues listed in the probate examiner notes in connection with this petition.  These must be addressed before this petition is eligible for approval.

Finally, a third petition has been filed and is set for hearing on June 26, 2026.  The effect of the petition, if granted, would be to remove standing for Robert Mariette in this matter.  Counsel for Joan Mariette and Sarah Burrage both request that this matter be decided before the other two pending petitions on calendar today.  The Court concurs that this petition should be tried first.  Therefore, the two petitions on calendar today are CONTINUED to June 26, 2026, at 9:30 a.m. in Department 12 to trail the outcome of the petition to determine heirship.

The parties are again ordered to meet and confer and file statements of issues in accordance with the local rules.

 

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

Tentative Ruling: NO APPEARANCES REQUIRED.  The Court notes that the first date of publication for the 2/11/26 hearing was on 1/29/26 which was less than the 15 days required by Probate Code section 8121. This matter is CONTINUED to June 26, 2026, at 9:30 a.m. in Department 12 to give Petitioner time to file Proof of Publication for the new hearing date in compliance with Probate Code section 8121. Please refer to the Probate Examiner Notes.

 

  1. Estate of Michael J. Sandbach
    26PR00201
    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 July 15, 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 William T. Deely
    26PR00220
    Probate of Will

Tentative Ruling: APPEARANCES REQUIRED.  It appears the original will may be lost.  The Court wishes to discuss whether the petition should be amended, what further notice would then be required, whether probate should be opened for a lost will, or if petitioner has another course of action to suggest.

 

  1. Estate of Terry R. Crump
    26PR00358
    Spousal Property Petition

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Marta Van Meurs
    26PR00381
    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 July 15, 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 Janet S. Leonard
    26PR00402
    Spousal Property Petition

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

 

  1. Estate of Danny Rivera
    26PR00407
    Probate of Will and Admin WWA

Tentative Ruling: NO APPEARANCES REQUIRED. Matter is CONTINUED to June 18, 2026, at 9:30 a.m. in Department 12 based on a Notice of Stipulated Continuance filed 5/5/26.  The Court also notes the filing of an objection on May 8, 2026 by Monica Rivera. As this is now a contested matter, 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.

Because the stipulation for continuance was unilateral by the petitioner, and a new notice of hearing was filed with the amended hearing date of June 18, 2026, the Court will treat that date as an initial hearing on this petition for purposes of Probate Code section 1043.

 

  1. Estate of Betty Bernice Millman|
    SPR097616
    Account and Report

Tentative Ruling: APPROVED.  NO APPEARANCES REQUIRED.

 

***End of Tentative Rulings***

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