Segovia v. Superior Court, 127 Cal.Rptr. 501

Summary

Probate court lacks authority under California Probate Code §§ 700 and 707 to permit late filing of a claim against a decedent's estate after the statutory four-month period expires, even if the estate had actual knowledge of the claim through service of a summons and complaint. The court held that waiver or estoppel arguments regarding late claims must be litigated in the civil action, not in probate proceedings. The 1971 amendments creating exceptions for insured estates (Prob. Code §§ 707(b), 721) did not apply retroactively to bar this pre-enactment claim. Topics: probate jurisdiction, late claims, statutory bar, waiver/estoppel, personal injury/death claims, creditor claims against estate.

Holdings

1. The probate court has no power or authority to permit the filing of a late claim against the estate after expiration of the statutory period under Probate Code sections 700, 707, where none of the statutory exceptions (sections 702, 707(a), 707(b), 707.5, 709, 720, 721) applied. Mere notice to the estate or facts that might support waiver/estoppel in the civil action do not authorize the probate court to permit late filing.

Questions Presented

1. Whether the probate court has power to permit late filing of a claim beyond statutory exceptions.
2. Whether facts that might support waiver/estoppel in the civil action authorize the probate court to permit late filing.

Disposition

vacated