Estate of Kelson CA1/5

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.

1 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…