Estate of Kelson CA1/5

Filed 1/30/25 Estate of Kelson CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

Estate of GARY KELSON, Deceased.

PAUL KELSON, as Executor, etc., A168996

Petitioner and Respondent, (Marin County v. Super. Ct. No. PRO2103356) KATHRYN KELSON, Objector and Appellant.

Kathryn Kelson (Objector) challenges the probate court’s finding that her creditor’s claim in the underlying probate estate was untimely. We affirm. BACKGROUND After Gary Kelson (Decedent) died, Paul Kelson (Executor) petitioned for probate of Decedent’s will. Letters testamentary appointing Executor issued on December 7, 2021.

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In May 2022, Objector filed a creditor’s claim for more than $650,000.1 To support the claim, Objector attached a 2002 judgment in dissolution proceedings between Objector and Decedent. The judgment provided for Decedent to pay family and child support to Objector in specified amounts for specified time periods. In a subsequent filing, Objector explained that Decedent failed to fully pay the ordered support and further failed to return personal property identified as Objector’s in the 2002 judgment. In January 2023, Executor rejected Objector’s claim. In filings supporting Executor’s petition for final distribution, Executor stated Objector’s claim was untimely. Objector filed a response and objections to the petition. Following a hearing, the probate court granted Executor’s petition for final distribution. With respect to Objector, the court’s order found Objector’s claim was filed “more than 120 days following issuance of letters testamentary. [Objector] did not file a petition with this Court to allow her late-filed creditor claim under Probate Code section 9103. [Executor’s] rejection of said claim as untimely was therefore proper.” DISCUSSION Probate Code2 section 9100, subdivision (a)(1) provides, as relevant here, “A creditor shall file a claim before . . . [f]our months after the date letters are first issued to a general personal representative.” Objector concedes her creditor’s claim was not timely filed under this provision and further concedes she did not file a petition to file a late claim pursuant to