Venturi

We hold, in the published portion of this opinion, that a potential creditor with actual notice of the pendency of estate proceedings cannot excuse the untimely filing of a creditor’s claim on the ground that the administrator failed to send a formal notice of administration of the estate, as required by Probate Code section 9050.

Daniel S. Venturi (hereinafter appellant) appeals from a judgment entered following grant of summary judgment in favor of defendants Jerrie L. Taylor and Joan McGarry, co-administrators of the estate of Gordon Mueller, deceased, (hereinafter respondents.) Respondents, in their representative capacities, cross-appeal from an order denying their motion for attorney fees as sanctions.

Appellant asserts that because the requirements of sections 9050-9054 regarding notice to creditors are mandatory, the time to file a creditor’s claim does not commence to run until the personal representative of the estate serves a formal notice of administration of the estate upon the known creditors. [[/]] * We affirm both the judgment and the order.

Facts

Gordon Mueller died intestate May 8, 1991, at age 56. Letters of administration were issued to respondents…