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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:

  • Access the Portal
  • Accept the Terms
  • Choose Smart Search, insert your case number, and follow all 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

June 5, 2026 at 9:30 a.m.

  1. Estate of John Jenkel
    24PR00087
    Status Report

Tentative Ruling: APPROVED.  NO APPEARANCES REQUIRED. Parties’ June 11, 2026 court date is CONTINUED to May 13, 2027, probate case management conference calendar at 3:00 p.m. in Department 12 for status of estate or final account and distribution.

 

  1. Estate of William Peter Anthony Gianquinto
    24PR00090
    Other Hearing

Tentative Ruling: NO APPEARANCES REQUIRED.  There is no update from petitioner or objector on the status of the petition filed 1/8/26.  Matter is dropped from calendar.

 

  1. Estate of John Scott Bulger
    24PR00933
    Other Hearing

Tentative Ruling:  NO APPEARANCES REQUIRED.  The Petition filed 4/10/26 is CONTINUED to 7/17/26 at 9:30 a.m. in Dept. 12 for the reasons set forth below.

The asset at issue in this Heggstad petition is real property. The petition indicates that the real property is encumbered.  If the real estate at issue in a Probate Code section 850 petition is encumbered, the interest holder is entitled to notice as provided by California Probate Code (Prob C) §851(a)(2). The 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.)  The Court may not shorten the time for giving notice.  Prob C §851(d).  There is presently no proof of service filed establishing the required notice has been given.  This matter is continued to allow the petitioner another opportunity to give code compliant notice and file proof of service after having done so.

 

  1. Estate of Cynthia Gail Shone
    25PR00028
    Waiver of Account & Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Ervin Jim Bell
    25PR00251
    Other Hearing

Tentative Ruling: NO APPEARANCES REQUIRED. On March 20, 2026, an objection was filed to the present petition.  As this is now a contested matter, the hearing is CONTINUED to July 17, 2026 at 9:30 a.m. in Department 12, and 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.

Matter remains on calendar on June 18, 2026, at 9:30 a.m. in Department 12 for Petition for Final Distribution.  However, in the absence of an agreement regarding the present petition, that matter is likely to be continued.

The case management conference hearing set June 18, 2026 at 3:00 p.m. in Dept. 12 is DROPPED from calendar.

 

  1. Estate of James Loren Rebollini
    25PR00452
    Waiver of Account & Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Steven Frank Berg
    25PR01003
    Waiver of Account & Report

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

 

  1. Estate of Craig Rohde Williams
    25PR01010
    Waiver of Account & Report

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

 

  1. Estate of Gregg C. Budgell
    25PR01495
    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 August 5, 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 RoseMarie Antoinette Weathers
    26PR00096
    Determine Succession to Real Property

Tentative Ruling: NO APPEARANCES REQUIRED.  In light of the Notice of Stipulated Continuance filed May 26, 2026, this matter is CONTINUED to July 17, 2026, at 9:30 a.m. in Department 12. As this is 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. Estate of Katherine Marie Adkinson
    26PR00103
    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 August 5, 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 Roxane Marie Wilson
    26PR00361
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Bond is set in the amount of $500,000.00.  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 August 5, 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 Dale Bruce White
    26PR00456
    Spousal Property Petition

Tentative Ruling: APPROVED.  NO APPEARANCES REQUIRED.  Counsel for petitioner is directed to submit a revised proposed order.

 

  1. Estate of Elizabeth Jane Linley
    26PR00468
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED. The Court has received and reviewed the declaration of counsel filed June 1, 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 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 July 17, 2026 at 9:30 a.m. in Department 12 to allow Petitioner time to cure the defect.

The Court notes that the original will has been filed into the case.

 

  1. Estate of Geraldine P. Lovely
    26PR00503
    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 $100,000.   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 August 5, 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 Kuniko Barnes
    26PR00514
    Determine Succession to Real Property

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Steven Rudolph Busse
    26PR00517
    Probate of Will & Admin WWA

Tentative Ruling: NO APPEARANCES REQUIRED.  The petition is DENIED.  Any “interested person” may petition the court for appointment of a personal representative or probate of decedent's will, or both. The petitioner need not necessarily be a named executor or eligible administrator. Probate Code § 8000(a); Arman v. Bank of America, N.T. & S.A., (1999) 74 Cal.App.4th 697, 701-703, “interested persons” include anyone having an interest in estate that may be affected by probate proceeding.  Petitioner here says he is mentioned in the decedent’s will, but a review of the will does not reflect this.  He petitions to open probate under Probate Code section 8461(r), “any other person.”  While section 8000(a)(2) includes within the definition of “interested person” any person having priority to appointment, the last category of section 8461, in fact has no priority. And even if it is construed as creating a category of priority, albeit lowest priority, it cannot alone create standing in all strangers to an estate.  To construe the two statutes together as giving standing to “any other person” regardless of whether that person has an interest in the estate that may be affected by the probate proceeding, would be inconsistent with the language of the statutes and voluminous cases discussing standing by interested persons.  (See, for example, Lickter v. Lickter, (2010) 189 Cal.App.4th 712, 717, to be an “interested person” for purposes of instituting or participating in a particular proceeding under Probate Code § 48, a person “must have an interest that may be impaired, defeated, or benefited by the proceeding.”)

If petitioner would like an opportunity to brief this issue, he may follow the procedure to request to appear at the hearing and request a continuance.  In that case, the Court also points the petitioner to the defects listed in the probate examiner notes, but acknowledges filing of a proof of publication.

 

  1. Estate of Gerard Michael O’Brien
    SPR-097091
    Waiver of Account & Report

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to July 17, 2026, at 9:30 a.m. in Department 12.  Please refer to the Probate Examiner Notes.

 

***End of Tentative Rulings***

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