Bonta

WORK, Acting P.J.

Diana Bontá as Director of the California Department of Health Services (Department), appeals a judgment denying Department's action to recover $46,304.67 in Medi-Cal moneys (Prob.Code, [1] § 19255, subd. (a)(1)) from a decedent's trust estate and from its individual distributees.

Department contends the court erred in concluding that service of the trustee's notice of rejection alone triggered the 90-day period within which Department was required to file suit in light of section 19251, subdivision (a)'s provision that a trustee is to file any notice of allowance or rejection with the court clerk. We conclude the service of a notice of rejection in proper form commences the 90-day statute of limitations even though the filing of the rejection with the county clerk occurs later, so the court correctly concluded Department's action against the trust was not timely filed. We also conclude Department's action against the estate's distributees became barred when its action against the estate was denied. Accordingly, we affirm the judgment.

Between January 5 and July 2, 1996, the Medi-Cal program paid a total of $46,304.67 in health care services for decedent, Erma…