Prob. Code, § 9353 · Article 1. Claim Where No Pending Action or Proceeding
Prob. Code, § 9353
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Regardless of whether the statute of limitations otherwise applicable to a claim will expire before or after the following times, a claim rejected in whole or in part is barred as to the part rejected unless, within the following times, the creditor commences an action on the claim or the matter is referred to a referee or to arbitration:
(1) If the claim is due at the time the notice of rejection is given, 90 days after the notice is given.
(2) If the claim is not due at the time the notice of rejection is given, 90 days after the claim becomes due.
(b) The time during which there is a vacancy in the office of the personal representative shall be excluded from the period determined under subdivision (a).
Notes and commentary — not statutory text
History
Amended by Stats. 2007, Ch. 159, Sec. 7. Effective January 1, 2008.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=9353.
- Text hash
- sha256 7aed9aabd92ef419749fbf776667458a3dcb2f8f35b5baa9dc7f258ebcafb129
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 2 provisions
Provisions in this library whose text cites Prob. Code, § 9353. Each shows the citation as that text prints it.
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