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 23 “Zoom” Online

Navigate to website: https://sonomacourt-org.zoomgov.com/j/1608254529
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To Join Department 23 “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 23:

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

Hon. Jennifer V. Dollard
May 17, 2024 at 9:30 a.m.

Estate of Thomas Bell
24PR00084
Spousal Property Petition

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

Estate of Dorothy Tesconi
24PR00183
Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to June 21, 2024, at 9:30 a.m. in Department 23. Please refer to the Probate Examiner Notes posted in the case file for both petitions. Neither petitioner has cured all procedural defects in their pending petitions and the Court declines to proceed to the merits until at least one has done so.

As to the Petition of Chad Henning-Young for probate of a lost will, petitioner identifies another heir in his supplement but does not address service on him. Also, petitions for probate of lost wills, where there is no copy of the will, must include a written statement of the testamentary words or their substance. Probate Code § 8223. The Petition does not presently satisfy this requirement. In the absence of such allegations, it is also unclear whether this petitioner has standing to bring a petition.

The Court notes that the existence of a felony conviction does not, in and of itself, disqualify an individual from being appointed a personal representative. The Court also notes that convictions for drunk driving do not per se establish moral turpitude, and are subject to consideration of the particular circumstances surrounding the convictions. In re Kelley (1990) 52 Cal.3d 487, 494 [attorney discipline case].

The Court declines to order a psychological evaluation of Petitioner Tesconi and notes no supporting legal authority is cited for it to do so.

The Court also notes, that even absent the nomination of petitioner Tesconi as executor in the will offered by him, he has statutory priority to appointment.

3,4. Estate of Barbara Louise McCutchan
24PR00214
Probate of Will & Admin WWA

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to June 21, 2024, at 9:30 a.m. in Department 23. As objections have been filed, 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 been 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).

Matter of Alexandria Babington
24PR00252
Petition to Invalidate Revocation of DPOA

Tentative Ruling: NO APPEARANCES REQUIRED. The petition is GRANTED. The Court will sign the proposed order submitted March 14, 2024.

Estate of Richard Carl Humprey
24PR00279
Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to June 21, 2024, at 9:30 a.m. in Department 23. Please refer to the Probate Examiner Notes posted in the case file.

Estate of Gloria Janet Silva
24PR00324
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 September 4, 2025, probate case management conference calendar at 3:00 p.m. in Department 23 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.

Estate of Judith Katherine Browning
24PR00329
Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to May 31, 2024, at 9:30 a.m. in Department 23. Please refer to the Probate Examiner Notes posted in the case file.

Estate of Harriett Kathryn Kendall
SPR64889
Removal of Executor and
Appointment of Successor Administrator WWA

Tentative Ruling: NO APPEARANCES REQUIRED. Petition is APPROVED. No bond is required. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)).

The matter is SET on the December 12, 2024, probate case management conference calendar at 3:00 p.m. in Department 23 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.

Petitioner is ordered to file Form DE-147, Duties and Liabilities of Personal Representative, and Form DE-140, Order for Letters of Administration with Will Annexed. The Court will sign the order after hearing once the DE-147 form is received.

Estate of Eduardo M. Lepe
SPR096034
Waiver of Account & Report

Tentative Ruling: NO APPEARANCES REQUIRED. Matter is CONTINUED to May 24, 2024, at 9:30 a.m. in Department 23 to be heard with a trust petition in case 24PR00319.

Estate of William Edwin Weckel
SPR096087
Final Distribution