Trusts and Estates

Ca. Trs. & Estates Quarterly 2020, Volume 26, Issue 1

LITIGATION ALERT

By Jeremiah J. Moffit, Esq.,* Catherine M. Swafford, Esq.,* Matthew R. Owens, Esq.,* and Courtney A. Sorensen, Esq.*

THE DISMISSAL OF A PETITION FOR PROBATE DOES NOT CONSTITUTE A REJECTION OF A CREDITOR’S CLAIM AND A CREDITOR MAY BRING A SUIT WITHIN 90 DAYS OF REJECTION OF THE CLAIM

Estate of Holdaway (2019) 40 Cal.App.5th 1049

The Fourth District Court of Appeal held that when a creditor’s petition for probate is dismissed, a creditor’s timely filed claim is not deemed rejected. A creditor may still file a suit within 90 days after a duly appointed personal representative rejects the claim, regardless of how long after the expiration of the one-year statute for actions against a decedent such rejection occurs.

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