Can a personal administrator waive the statute of limitations under section 709 of the Probate Code?
California, United States of America
The following excerpt is from Billups v. Tiernan, 11 Cal.App.3d 372, 90 Cal.Rptr. 246 (Cal. App. 1970):
Section 709 of the Probate Code is set forth in full below, 4 including the [11 Cal.App.3d 378] 1969 amendment, which made no change significant here. 5 For the same reasons that the personal administrator cannot waive the statute of limitations, the authentication and filing or presentation of the claim in the manner prescribed by section 709 cannot be waived (Agnew v. Parks, 164 Cal.App.2d 837, 331 P.2d 184).
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