California Codes

Cal. Probate Code § 9100 (2026)

✓ current as of May 2026

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(a)A creditor shall file a claim before expiration of the later of the following times:

(1)Four months after the date letters are first issued to a general personal representative.

(2)Sixty days after the date notice of administration is mailed or personally delivered to the creditor. Nothing in this paragraph extends the time provided in Section 366.2 of the Code of Civil Procedure.

(b)A reference in another statute to the time for filing a claim means the time provided in paragraph (1) of subdivision (a).

(c)Nothing in this section shall be interpreted to extend or toll any other statute of limitations or to revive a claim that is barred by any statute of limitations. The reference in this subdivision to a “statute of limitations” includes Section 366.2 of the Code of Civil Procedure.

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 1994–2021 · leading case: Ader v. Est. of Felger, 375 P.3d 97 (Ariz. Ct. App. 2016).

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Ader v. Est. of Felger, 375 P.3d 97 (Ariz. Ct. App. 2016). “2 (a) bars Ader’s claims against the Estate in California. But that statute is not a nonclaim statute.”

Dobler v. Arluk Med. Ctr. Indus. Grp., Inc., 2001 Cal. Daily Op. Serv. 4314 (Cal. Ct. App. 2001). · cites it 2× “*535 Probate Code section 9100 provides that a creditor must file a claim in the probate estate proceedings within either four months after the court appoints a general personal representative, or within 60 days after notice of administration is given to the creditor, whichever…”

Bonanno v. Connolly, 165 Cal. App. 4th 7 (Cal. Ct. App. 2008). “(Prob. Code, §§ 9100, 13553.) *21 One commentator suggests that the summary procedures provided in Probate Code section 13500 et seq.”

Patrick v. Alacer Corp., 201 Cal. App. 4th 1326 (Cal. Ct. App. 2011). “5 (Prob. Code, § 9100, subd. (a).) Creditor’s claims must be filed for “ ‘debts or demands against the decedent as might have been enforced against him in his lifetime by personal actions for the recovery of money, and upon which only a money judgment could have been rendered.”

Embree v. Embree, 2004 Cal. Daily Op. Serv. 11407 (Cal. Ct. App. 2004). “7 ) Except with respect to liens that have already been executed, any judgment creditor seeking to satisfy its money judgment with property of the decedent must file a timely claim in the probate proceeding (Prob. Code, § 9100) or in connection with a trust claims procedure…”

Dacey v. Taraday, 196 Cal. App. 4th 962 (Cal. Ct. App. 2011). “Specifically, Probate Code section 9100[, subdivision] (c) provides, ‘[n]othing in this section shall be interpreted to extend or toll any other statute of limitations or to revive a claim[] that is barred by the statute of limitations.”

Van Ort v. Est. of Stanewich, 92 F.3d 831 (9th Cir. 1996). “The general procedure outlined in California Probate Code § 9100 requires that a claim be filed “[flour months after the date letters are first issued to a general personal representative.”

Burgos v. Tamulonis, 94 Cal. Daily Op. Serv. 7371 (Cal. Ct. App. 1994). “Section 9103 encompasses situations in which “[n]either the creditor nor the attorney representing the creditor in the matter had actual knowledge of the administration of the estate” before a prescribed time within the claim-filing period (Prob. Code, § 9100) so long as the…”

Est. of Wegman CA5 (Cal. Ct. App. 2016). “(Prob. Code, §§ 9100, 9351.) Wegman contends Rogers was required to file a creditor’s claim pursuant to her third claim, because it is a demand for repayment.”

Est. of Billings CA2/7 (Cal. Ct. App. 2016). “” Probate Code section 9100, which specifies the time limits for filing a creditor’s claim, provides in part, “(a) A creditor shall file a claim before expiration of the later of the following times: [¶] (1) Four months after the date letters are first issued to a general…”

Est. of Holdaway (Cal. Ct. App. 2019). “(b)(2); Prob. Code, § 9100.) “Thus, if a claim is timely filed in the probate proceedings, it remains timely filed even though the representative or court acts on a claim by allowing, approving or rejecting the claim 1 Code of Civil Procedure section 366.”

Belcher v. Bakkers CA4/3 (Cal. Ct. App. 2021). “(Prob. Code, § 9100, 2 subd. (a) [deadlines for creditor’s claims].”

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