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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:

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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:

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Tentative Rulings

March 6, 2026 at 9:30 a.m.

  1. Estate of David Gregg Castino
    24PR00384
    Waiver of Account & Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Claudio Cernobori
    24PR01085
    Waiver of Account & Report

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

 

  1. Estate of Richard Everett Arnold
    24PR01112
    Preliminary Distribution

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.  The Court is satisfied from the information presented that the distributions may be made without loss to creditors or injury to the estate or any interested person.  Probate Code §11621.  The Court will sign the proposed order lodged December 11, 2025, except that it will require a report every two years, for the simple reason that the Court is not presently calendaring matters farther than two years hence.  Matter is SET on December 16, 2027 at 3:00 p.m. in Department 12 for status of estate administration.

 

  1. Estate of Fred Eliot Phillips
    25PR00374
    Account & Report

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

 

  1. Estate of Tomoko Alexander
    25PR00645
    Waiver of Account & Report

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

 

6, 7. Estate of Robert Trenchard, Jr.
          25PR00967
          Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED. Camille Torres field a Request for Dismissal of a Petition for Probate on 3/3/26 and that matter is DROPPED from calendar.

The Petition for Probate filed by Christopher Reese is APPROVED. 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 $100,000.

Matter remains set on the previously calendared Case Management Calendar on December 10, 2026, at 3:00 p.m. in Department 12 for status of final account and distribution.

 

  1. Estate of George David Guzman
    25PR01280
    Probate of Will

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Bond is waived 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 April 29, 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 David Hermann
    25PR01293
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to April 24, 2026, at 9:30 a.m. in Department 12. Please refer to the Probate Examiner Notes posted in the case file.  If petitioner can file a verified supplement signed by an individual with personal knowledge curing the remaining outstanding probate examiner note, they may follow the process to request to appear for the purpose of presenting it to the Court and avoiding the continuance.  If the Court is satisfied, and in the absence of objection, the Court would be inclined to approve the petition.  However, as the personal representative is not a resident of California, bond will be fixed in the amount of $100,000.  (See CRC 7.201(b), Probate Code §8571.)  If the matter is continued, the letters of special administration are extended to April 24, 2026.

 

  1. Estate of Max A. Mickelsen
    25PR01309
    Spousal Property Petition

Tentative Ruling: NO APPEARANCES REQUIRED.  As there is no status update on the Petition and no new documents filed, matter is CONTINUED to April 24, 2026 at 9:30 a.m. in Dept. 12.

 

  1. Estate of Robert Blair
    25PR01316
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED. This matter was previously continued by Court order to April 17, 2026.  Matter is DROPPED from calendar.

 

  1. Estate of Roberta Frances Scanlon
    25PR01317
    Probate of Will

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Bond is set in the amount of $50,000.00. 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 April 29, 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 John Harrington
    25PR01401
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to April 24, 2026, at 9:30 a.m. in Department 12. Please refer to the Probate Examiner Notes posted in the case file, as one remains despite the recently filed documents.  If petitioner can file a verified supplement signed by an individual with personal knowledge curing the remaining outstanding probate examiner note, they may follow the process to request to appear for the purpose of presenting it to the Court and avoiding the continuance.  If the Court is satisfied, and in the absence of objection, the Court would be inclined to approve the petition and waive bond as the will waives bond. 

 

  1. Estate of Nina Engel
    25PR01472
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Bond is waived as all heirs waive 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 April 29, 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 Jack Herrera Oliver
    25PR01474
    Determine Succession to R/P

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Russell J Schmidt
    25PR01498
    Determine Succession to R/P

Tentative Ruling: NO APPEARANCES REQUIRED.  The petition is DENIED without prejudice.  The petition is presented on an obsolete Judicial Council form and appears to attempt to apply prior law which did not survive the amendment of Probate Code section 13151.  The denial is without prejudice in the event petitioner qualifies for the summary process to determine succession to real property under the current law.

 

  1. Estate of Sean Kendall Sultzer
    25PR01500
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Bond is waived as the sole heir has 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 April 29, 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 Michael Joseph Marinak
    26PR00042
    Probate of Will & Admin WWA

Tentative Ruling: NO APPEARANCES REQUIRED. The Court notes that the verified Affidavit of Publication filed 2/26/26 lists the first date of publication as 2/20/26 which is less than the statutorily required 15 days prior to the hearing. The Court is in receipt of the Declaration filed 3/3/26 which includes a copy of a notice indicating the first date of publication was on 2/19/26. However, the notice is not verified by the publisher.

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.

 

  1. Estate of Anu De Monterice
    26PR00044
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED. An adopted out child does not succeed to the estate of a natural parent when the relationship between them has been severed by adoption.  The law provides that an adopted child has rights of intestate inheritance only in the estate of the adoptive parents, and not of the adopting out parents.  However, in 1985, exceptions were added, such as a step-parent adoption or adoption after the death of the natural parent.  See Probate Code section 6451.  Otherwise, section 6451 has the effect of severing the parent-child relationship such that the adopted out child is no longer deemed a child and intestate heir of the decedent and has no standing as such.  Phraner v. Cote Mart, Inc. (1997) 55 Cal.App.4th 166.

Though a natural parent may at some point form a relationship, perhaps later in life, with the adopted out child, this does not change the effect of intestate laws and does not create a right to inheritance, absent applicability of one of the above statutory exceptions.  The natural parent is presumed to know this fact and if inheritance is desired, it may still be achieved by the writing of a will.

Accordingly, like any other case of intestacy, the courts must apply the default provisions of the intestacy rules set forth by the Legislature. It is presumed citizens know the law, including the intestacy laws, and it is up to any person who does not want those laws applied to his or her estate to opt out by preparing a will setting forth other dispositions. Decedent did not so provide and therefore is presumed to endorse application of the default intestacy laws. This accords with the general rule that the law governing a will is measured as of the date of death, under the fiction that until then, the decedent is presumed to know the law and has the power to change his will.
In re Estate of Dye (2001) 92 Cal.App.4th 966, 973.  Here, petitioner has alleged that she was adopted out by the decedent and that he died intestate.  She has not alleged that she falls within the exceptions of Probate Code section 6451.  As such, she is not an heir, devisee or child of the decedent and thus not an interested party.  Probate Code section 48.  Petitioner thus has no standing to administer the estate of the decedent.  Accordingly, the petition is DENIED

 

  1. Estate of Terri Lynn Kvistad
    26PR00047
    Probate of Will & Admin WWA

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 $50,000.00. 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 April 29, 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 Konstantin Mironov
    26PR00056
    Probate of Will

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Bond is waived as all beneficiaries 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 April 29, 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 Carl Wayne Loggins
    SPR-097564
    Other Hearing

Tentative Ruling: APPEARANCES REQUIRED for an update on the status of litigation of the estate of decedent’s father, Charles Loggins. 

 

  1. Estate of Michael Martin Bell
    SPR-097564
    Preliminary Distribution

Tentative Ruling: DENIED.  NO APPEARANCES REQUIRED. The Court presently does not have sufficient information to make the finding required by Probate Code §11621.  The Court notes this mandatory finding is not in the proposed order lodged.  There is also no information about why the business cannot be sold, how long a delay is necessary or why the estate administration cannot be concluded. Finally, the application appears to seek distribution of the entire liquid funds of the estate.  While an accounting is not required in connection with this petition, and none is provided, the absence prevents the Court from determining whether the proposed distributions, when combined with prior distributions, is greater than 50% of the estate.  While petitioner lists the total value of the estate based on the Inventories and Appraisals filed, those also include a value of the real property in Petaluma at $1.85 million.  However, the declaration of counsel filed 3/3/26 in response to the probate examiner notes indicates only $1,056,608.79 was realized from the sale of that property.

The previously calendared Case Management Conference hearing set on March 19, 2026, is vacated.  Matter remains on calendar on April 30, 2026, for status of estate administration.

 

  1. Estate of Norman Hartung
    SPR-097685
    Account & Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Delia Claire van der Plas
    24PR00554
    Petition for Final Distribution

Tentative RulingNO APPEARANCES REQUIRED.  This case is set on a case management conference calendar on March 12, 2026 in connection with an Order to Show Cause (OSC) issued on October 13, 2025 and continued from December 18, 2025, and to allow petitioner time to file a petition for final distribution.  It appears a petition for final distribution was filed prior to the Court’s ruling continuing the OSC to March 12, 2026, but not processed and available for the Court’s review until after that order was made.  Once the petition for final distribution was accepted by the clerk’s office a hearing date of March 6, 2026 was correctly issued by the clerk in the notice of hearing returned to the petitioner.  However, it appears some time after that someone for an unknown reason, incorrectly vacated the March 6, 2026 hearing and re-set the petition for final distribution for hearing on the March 12, 2026 case management conference calendar.  The Court does not review, hear or rule on petitions for final distribution on the case management conference calendar. No review of the petition in connection with the March 6, 2026 hearing was conducted as it was no longer on that calendar.  By the time the error was discovered, insufficient time remained to conduct a review on the merits. It has been added to the March 6, 2026 calendar for the sole purpose of explaining the procedural status and continuing the hearing.  Accordingly, the petition for final distribution is CONTINUED from March 12, 2026 at 3:00 p.m. to April 24, 2026 at 9:30 a.m. in Dept. 12 to be heard on the regular estates calendar.  The case management conference hearing set March 12, 2026 at 3:00 p.m. is DROPPED from calendar and the OSC is VACATED.

 

***End of Tentative Rulings***

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