Estate of Herzog CA2/7
John Herzog filed a creditor’s claim in the proceeding to probate the estate of his father, Robert T. Herzog. The probate court ruled Joy Herzog Caldwell, John’s sister and the executor of Robert’s estate, had properly denied the claim in accordance with Probate Code section 9250 and John’s failure to file an action within 90 days of receiving notice of that rejection, as required by section 9353, barred any creditor’s action he might otherwise have against the estate. On appeal John contends the court erred in barring his claim because section 9353’s 90-day limitations period is triggered by the executor’s formal rejection of a creditor’s claim in compliance with section 9250 and Caldwell has still not satisfied that section’s requirements. We affirm.
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