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Di Giovanni v. Moore

Citations: 43 Cal. App. 3d 334; 117 Cal. Rptr. 571; 1974 Cal. App. LEXIS 1321Docket: Civ. No. 34027

Court: California Court of Appeal; November 20, 1974; California; State Appellate Court

Narrative Opinion Summary

In this probate case, the appellate court upheld the trial court's decision to dismiss objections to the final account and petition for distribution by the executrix of an estate. The primary issue centered on whether objections to the final account could challenge the rejection of a creditor's claim, specifically a $64,000 promissory note executed by the deceased to his mother. The executrix had initially approved the claim, but it was never presented to the probate court. Subsequently, the executrix indicated in her accounting that the claim was waived, leading to objections. The court ruled that the objections were improperly filed as the appropriate procedure under Probate Code section 714 was not followed, which mandates a lawsuit within three months of claim rejection. The court further clarified that written notice suffices for claim rejection and that the inheritance tax order did not equate to approval of the claim. Appeals in probate matters are limited, and the orders in question were not appealable. The appellate court affirmed the trial court's judgment, with the appellant's request for a Supreme Court hearing denied.

Legal Issues Addressed

Appealability of Orders in Probate Matters

Application: The court clarified that orders rejecting claims or overruling objections to accounts are not appealable under section 1240.

Reasoning: The court noted that appeals in probate matters are restricted to specific orders under section 1240, and neither the order rejecting a claim nor the order overruling objections to an account are appealable.

Exclusive Process for Enforcing Rejected Claims

Application: The court emphasized that section 714 prescribes the exclusive method for pursuing a rejected claim and explained the consequences of failing to initiate timely litigation.

Reasoning: The court referenced previous cases establishing that section 714 outlines the exclusive process for enforcing a rejected claim.

Objections to Final Account under Probate Code

Application: The court determined that objections to a final account are not a proper method to contest the rejection of a claim against an estate.

Reasoning: The court found that objections to the final account are not appropriate for contesting claim rejections and concluded that the objections were barred by the statute of limitations.

Requirements for Claim Allowance and Rejection

Application: The court addressed the necessity of written notice for the rejection of a claim and clarified the processes under sections 711 and 714.

Reasoning: The court clarified that the code requires only written notice for the rejection of a claim, not formal notification, and noted the executrix failed to indicate the rejection in the documents served.

Statute of Limitations under Probate Code Section 714

Application: The court ruled that the objections were barred because no lawsuit was filed within the three-month statute of limitations after the rejection of the claim.

Reasoning: Furthermore, it found that no lawsuit was filed within the three-month window post-rejection as required by the Probate Code.