Bridgeman

A trustee must provide notice when all or part of a revocable trust becomes irrevocable because of the death of a settlor (Prob. Code, § 16061.7, subd. (a)) and any action contesting the trust cannot be filed “more than 120 days from the date the notification by the trustee is served upon him or her” (Prob. Code, § 16061.8; undesignated statutory references are to this code).

In this case, we address whether Code of Civil Procedure section 1013 applies to Probate Code section 16061.8, thereby extending the time to file an action contesting a trust past the 120-day period. We conclude that Code of Civil Procedure section 1013 does not apply. We also conclude that the petition does not relate back to an earlier filed petition that had been dismissed without prejudice. Accordingly, the probate court properly sustained a demurrer to a petition contesting a trust without leave to amend as untimely filed.

FACTUAL AND PROCEDURAL BACKGROUND

Henry and Kathleen Bridgeman created the Bridgeman Trust (the Trust), naming themselves as cotrustees. The Trust named their son, Edward C. Bridgeman, as a beneficiary. After Kathleen died, Henry became the sole trustor and trustee. Henry…