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Trusts

If the tentative ruling is accepted, no appearance by Zoom is necessary unless otherwise indicated. You must notify the probate clerk at (707) 521-6893 if you wish to be heard in response to the tentative ruling. You must inform the clerk concerning your appearance choice: Zoom or in person. Any interested party who wishes to be heard in opposition to a petition must notify all other parties of the intent to appear. Both notifications must be completed no later than 4:00 p.m. on the court day immediately preceding the day of the hearing.

Unless notification to the probate clerk has been given as provided above, the tentative rulings shall become the rulings of the court at 9:45 a.m. on the day of the hearing.  

To Access the Probate Examiner Notes:

  • Access the Portal
  • Accept the Terms
  • Select Smart Search, enter your case number, and follow the 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

November 21, 2025, at 9:30 a.m.  

  1. Matter of Patricia Joann Kitsman Trust
    25PR00024
    Second Amended Petition to Determine Ownership to Property

Tentative Ruling: On September 9, 2025 the petitioner Kathleen Rangwirtz filed her Second Amended Petition to Determine Ownership to Property. On September 17, 2025 the respondent Arthur Adams filed his demurrer to said petition. The demurrer is set for hearing on December 18, 2025. As the pleadings are not yet set, this hearing is CONTINUED to March 13, 2026, at 9:30 a.m. in Dept. 12. The parties are ORDERED to meet and confer and file statements of issues at least seven (7) court days in advance of the continued hearing date in compliance with local rules 6.2.F.2 and 6.2.F.3.

 

  1. Matter of The Bob and Floryce Silva Trust
    25PR00922
    Petition for an Order to Confirm Validity of Trust; Confirm Trustee; and Confirm Assets to Revocable Trust

Tentative Ruling: This matter is CONTINUED to March 13, 2026 at 9:30 a.m. in Department 12 to allow the petitioner an opportunity to address the Court’s concerns, stated below.

Use of the DE-115 notice of hearing form is mandatory in the context of California Probate Code (“Prob C”) §850 petitions. The petitioner has used the incorrect notice of hearing form here, the DE-120 form. Also, the notice of hearing does not include a description of the subject property, as required by Prob C §851(c)(1).

None of the exhibits referenced in the petition are attached thereto, nor have they been separately filed. The Court cannot determine the people entitled to notice or assess the merits of the petition without referencing the missing exhibits.

The Court notes these issues were identified in the Probate Examiner Notes posted 10/8/25.

 

  1. Matter of Mecham Revocable Trust
    25PR00963
    Petition to Transfer Trust Assets

Tentative Ruling: The Petition is GRANTED as to the request to transfer the real property and two bank accounts. However, Petitioner shall submit a revised proposed order identifying the two Bank of America accounts by the last four digits of the account numbers pursuant to California Rules of Court, Rule 1.201(a)(2), and to ensure they are sufficiently identifiable by Bank of America.

The Court notes that Petitioner lodged unredacted financial statements as confidential documents without also seeking a court order sealing them as contemplated by California Rules of Court, Rule 2.551(a).  Certainly, this is a common practice in protective proceedings in Probate such as conservatorships (see Probate Code section 2620 and Local Rule 6.4.D.4).  However, there is no authority for such a procedure here outside that of Rule 2.551.  The Court finds consideration of the records unnecessary to determine the motion in any event and the documents are ordered returned to Petitioner.  The Court has not considered them and they will form no part of the record in this matter.

 

  1. Matter of Robert K. Maize and Helen R. Maize Trust
    25PR00964
    Petition to Appoint Successor Trustees

Tentative Ruling: The Petition is GRANTED. The Court will sign the Proposed Order lodged August 26, 2025.

 

  1. Matter of Linda Smith Trust
    25PR00981
    Petition for Order Confirming Trust Assets

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged August 27, 2025.

 

  1. Matter of Carolyn Ann Irwin Trust
    25PR00985
    Petition for Confirmation of Trust Property and for Instruction on the Distribution of Trust Property

Tentative Ruling: This matter is CONTINUED to February 11, 2026 at 9:30 a.m. in Department 12 to trail Maureen Cook Schwinn’s Petition to Determine Validity of the Carolyn Ann Irwin Living Trust.

The Court also notes that notice of the California Probate Code (“Prob C”) §850 aspect of this petition is deficient. The assets at issue include several financial accounts. However, the entities in possession of the accounts have not been served as required by Prob C §851(a)(2). Petitioner should note that Prob C §851(a) requires service of the notice of hearing and a copy of the petition in the manner provided by California Code of Civil Procedure §413.10 et seq. (i.e. in the manner of a summons.)

 

  1. Matter of the Grethe J. Farah Trust
    25PR00999
    Petition to Determine Validity of Purported Restatement of Trust

Tentative Ruling: This matter is CONTINUED to March 13, 2026 at 9:30 a.m. in Dept. 12 for the reasons set forth below.

On August 29, 2025, Richard Farah filed his Petition to Determine Validity of Purported Restatement of Trust. On November 14, 2025, Roger Farah objected to said petition. As this is now a contested matter, the parties are ordered to meet and confer in compliance with local rule 6.2.F.2 and file statements of issues in compliance with local rule 6.2.F.3 at least seven (7) court days in advance of the continued hearing.
 

 

  1. Matter of the Caroline A. Archuleta Trust
    25PR01000
    Petition to Appoint Successor Trustee

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged August 29, 2025.

 

  1. Limited Conservatorship of Alexander Emerson Booth
    SPR095877
    Petition for Substituted Judgment to Establish and Fund a Trust and Pour Over Will; to Set Trustee Bond; to Exonerate Conservator Bond; to Authorize Expanded Investment Powers; and to Transfer Venue

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged June 12, 2025.

The Probate Court’s review of this trust DOES NOT Guarantee Medi-Cal Eligibility or any other Public Benefits provided by any governmental entity. The Probate Court DOES NOT Guarantee that all Federal and State requirement have been met.

 

  1. Matter of the Allen Oliver Maffei and Bernadette C. Maffei 1993 Trust
    SPR096003
    Petition for Settlement of Trust Account

Tentative Ruling: This matter is CONTINUED to Friday, March 13, 2025, at 9:30 a.m. in Dept. 12. On August 13, 2025, Petitioner and Trustee Carol Young filed her Petition for Settlement of Trust Account. On November 13, 2025, Beneficiary Kenneth Maffei filed his objections to the Petition. As this is now a contested matter, the Parties are ORDERED to meet and confer and file statements of issues in compliance with Local Rules of Court, Rules 6.2.F.2 and 6.2.F.3.

 

***End of Tentative Rulings***

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