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. Estate of Jake Ryan Young
   24PR00408
   Waiver of Account and Report

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to September 11, 2026, at 9:30 a.m. in Department 12.  Please refer to the Probate Examiner Notes.  The continued hearing is set for an extended time in the future in light of the fact most of the property on the inventory and appraisal must be appraised by the probate referee.  The OSC hearing on May 15, 2026 is VACATED and the OSC is DISMISSED.

 

2,3. Estate of Melanie Aviva Greenberg
          24PR00419
          Waiver of Account and Report; Order to Show Cause

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to September 11, 2026, at 9:30 a.m. in Department 12.  Please refer to the Probate Examiner Notes.  The Court notes the only impediment to granting the petition is the lack of notice to the Franchise Tax Board (FTB).  If notice was provided, proof should be filed and petitioner may request to appear for the purpose of presenting it to the Court (and for counsel to sign the petition as required by Code of Civil Procedure section 128.7).  Otherwise, the continued hearing date is extended in light of the need to give notice to the FTB.  The petition alleges that no notice to public entities is requires but provides no explanation.

The Order to Show Cause issued December 23, 2025 is DISMISSED.

 

4. Estate of Paul L. Ciraulo
   24PR00725
   Waiver of Account and Report

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

 

5. Estate of Beatrice Cottrell
   25PR00518
   Waiver of Account and Report

Tentative Ruling: NO APPEARANCES REQUIRED.  The Court notes that the Amended Petition filed April 16, 2026 lists two heirs not previously identified in the case. Proofs of Service for the Amended Petition indicate service on April 14, 2026, which is less than 15 days prior to the hearing as required under Probate Code section 8110.  This matter is CONTINUED to May 29, 2026, at 9:30 a.m. in Department 12 to allow time for compliance with Probate Code section 8110.  The Court also requires proof of the Power of Attorney relied upon and that its authority extends to the act attempted here.

 

6. Estate of Louis Rannie-Stewart
   25PR00921
   Account and Report

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

 

7. Estate of Clara Caron
   25PR01009
   Other

Tentative Ruling:  NO APPEARANCES REQUIRED.  The Court is inclined to find that the terms of the 2005 will and 2005 deed, which are consistent with each other, and leave the decedent’s property to her children per stirpes, are the documents that should be given effect and control disposition of the estate.  The Court is also inclined to continue the request to approve extraordinary compensation until a hearing on a petition for final distribution and account, or on waiver of account, as that is the time when information on the entirety of the factors necessary for the Court to make an assessment are available and known.  That said, the Court does tentatively indicate that the efforts described in counsel’s declaration do not appear to be the usual and ordinary work required in a probate estate, and are thus extraordinary.  The Court makes no order or findings with regard to any client representation or conflict of interest matters.  The Court will continue this hearing, however, as it requires a statement of due diligence establishing an inability to serve Byron Ely Zappelli and Warren Gilbert Zappelli.  However, if counsel can file such a declaration prior to this hearing date, he may request to appear for the purpose of presenting it to the Court and avoiding the continuance.  Otherwise, the matter is CONTINUED to May 22, 2026 at 9:30 a.m. in Dept. 12.  Any supplement to the petition should be filed and served at least seven days prior to the hearing.

 

8. Estate of David Hermann
   25PR01293
   Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED. The Court has received and reviewed the declaration of counsel filed April 10, 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 filed it and 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 June 12, 2026 at 9:30 a.m. in Department 12 to allow Petitioner time to cure the defect.

The Court notes that, while both heirs have waived bond, Petitioner is not a resident of the State of California. Upon approval of the Petition, the Court will set bond in the amount of $100,000.00.

The Court issued Amended Letters of Special Administration on April 7, 2026, but added a requirement of a bond in light of the fact the petition is an out of state resident, the authority granted to access liquid assets of the estate and the delay in successfully opening probate.  The Court notes no bond has yet been filed following its issuance of the Amended Letters of Special Administration.  The expiration of the Amended Letters of Special Administration are extended to June 12, 2026. If Letters of Special Administration are still desired, Petitioner is directed to submit new proposed letters of special administration consistent with those issued by the Court on April 7, 2026. 

 

9. Estate of Max Mickelsen
   25PR01309
   Spousal Property Petition

Tentative Ruling:  APPROVED.  NO APPEARANCES REQUIRED.

 

 

10. Estate of Joann Bernice McKean
    25PR01371
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. The Petition for Administration is approved with no authority under the Independent Administration of Estates Act. As bond waivers have not been filed, the Court sets bond 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 24, 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.

 

11. Estate of John Harrington
    25PR01401
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to June 26, 2026, at 9:30 a.m. in Department 12.  Please refer to the Probate Examiner Notes as to item 5 on the petition which remains outstanding.  The Court is satisfied with regard to the will based on the declaration filed April 3, 2026.

 

12. Estate of Michael Eldridge Loftus
    25PR01492
    Spousal Property Petition

Tentative Ruling: APPEARANCES REQUIRED.  The Court notes the verification of Shawn Loftus fails to comply with Code of Civil Procedure section 2015.5, as it is executed outside of the state but does not state that he makes the declaration under penalty of perjury pursuant to the laws of the state of California.  The Supreme Court has found that substantial compliance is insufficient.  However, the Court does not strike the objection filed March 13, 2026, as the verification of the other petitioner is code compliant.  The Court notes that no statement of issues has been filed by objectors as ordered by the Court.  It is therefore unknown to the Court whether they engaged in meet and confer as also ordered by the Court, and what their status update might be.  The Court will consider issuing a separate Order to Show Cause pursuant to Code of Civil Procedure section 177.5 why sanctions should not be imposed for failure to comply with the Court’s order.  In the absence of meaningful meet and confer efforts or compliance with Court orders it would seem trial setting is what remains available to resolve the present dispute.  Appearances are therefore required for trial setting.  Counsel should be prepared with time estimates, as well as their trial availability.

 

13. Estate of Michael Joseph Marinak
    26PR00042
    Probate of Will and Administration WWA

Tentative Ruling: NO APPEARANCES REQUIRED. This matter was previously continued to allow Petitioner time to file proper proof of publication. The Court noted that the verified Affidavit of Publication filed 2/26/26 listed the first date of publication as 2/20/26 which was less than the statutorily required 15 days prior to the 3/6/26 hearing. A Petition for Administration shall not be heard by the Court without due publication per Probate Code section 8124.

The Court’s posted tentative ruling for the 3/6/26 hearing stated: “This matter is CONTINUED to April 24, 2026, at 9:30 a.m. in Department 12 for Petitioner to complete publication in compliance with Probate Code section 8121.” The tentative ruling was adopted as the ruling of the Court.

Petitioner has failed to file a Proof of Publication that complies with Probate Code section 8121.

This matter is CONTINUED to June 12, 2026, at 9:30 a.m. in Department 12 for Petitioner to complete publication in compliance with Probate Code section 8121 in connection with the continued hearing date.  If code compliant Proof of Publication is not filed prior to the next hearing, the Petition will be dismissed without prejudice.

 

14. Estate of Katherine Marie Adkinson
    26PR00103
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to June 5, 2026, at 9:30 a.m. in Department 12.  Please refer to the Probate Examiner Notes.  The Court requires a Proof of Service on the Judicial Council form DE-121, adopted for mandatory use, and finds that the various declarations submitted in lieu thereof are insufficient to comply with this requirement.

 

15. Matter of Jennifer Bioche
    26PR00243
    Other

Tentative Ruling: NO APPEARANCES REQUIRED.  In light of the Declaration of Diligence/Non-Service filed April 8, 2026, this matter is CONTINUED to the Court’s law and motion calendar on May 28, 2026, at 3:00 p.m. in Department 12 to allow petitioner an opportunity to personally serve respondent.  The statutes here, Probate Code sections 4544 and 4769 do not specify the manner for giving service.  Pursuant to Probate Code section 1217 notice in that case must be given pursuant to Probate Code section 1215.  That section allows notice by mail or personal service.  Because this case does not involve a “res” over which the court has jurisdiction such as in an estate or trust, and which generally justifies notice by mail, the Court finds it appropriate to require personal service so that it has jurisdiction over the person of the respondent.  To the extent counsel has authority to the contrary, however, they may request to appear for the purpose of discussing it with the Court.

 

16. Estate of Manuel Vega
    26PR00261
    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 June 24, 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.

 

17. Estate of Gary T. Meagher
    26PR00269
    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 24, 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.

 

18. Estate of Vincent Troy Helper
    26PR00271
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to June 18, 2026, at 9:30 a.m. in Department 12.  Please refer to the Probate Examiner Notes.

 

19. Estate of Lois Norrine Panick
    26PR00279
    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 June 24, 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.

 

20. Estate of Charles David Riley
    26PR00281
    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.  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 24, 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.

 

21. Estate of Roberta Yeh Arios-Wallace
    26PR00297
    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 24, 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.

 

22. Estate of Archie C. Schumann
    SPR095845
    Other

Tentative Ruling: NO APPEARANCES REQUIRED.  The Court finds the beneficiary Alex Schumann has wrongfully, and in violation of a Court Order, withheld estate property.  The Court directs the administrator to surcharge his distribution twice the value of the firearms pursuant to Probate Code section 859.  The Court also has great concern about public safety in light of the willful failure to comply with this Court’s order to return the firearms to the administrator for transfer through a licensed firearms dealer.  The Court therefore orders that the administrator file a police report in this County, and also with the state Department of Justice (Bureau of Firearms) and federal Department of Justice, detailing the information contained in this petition, including identification of the firearms.  Upon completing the above, the administrator is authorized to distribute the share due to Mr. Schumann by depositing it with the County Treasurer pursuant to Probate Code section 11850, as his ongoing refusal to comply with the Court’s order prevents distribution directly to him, his whereabouts are unknown and the administrator desires discharge. Petitioner shall submit an order after hearing consistent with this ruling and serve it to the last know address of Mr. Schumann.

 

***End of Tentative Rulings***