Allen

This case of first impression requires us to directly confront the issue of whether Probate Code section 9353 irreconcilably conflicts with Code of Civil Procedure section 366.3. 1 We determine they do conflict on the very narrow point of how much time a claimant against an estate has to file suit based on a promise to make a distribution from the *810 estate, such as a contract to make a will. Section 9353 gives claimants 90 days from rejection of the claim by the estate to file suit; section 366.3 gives them a year from decedent’s death to file suit. Under the long-standing rule of construction that newer and more specific statutes take precedence over older and more general statutes, we conclude it is section 366.3’s time limit that controls.

The practical effect of our determination is that plaintiff Richard Allen’s suit for breach of contract to make a will, filed 91 days after rejection by the estate of his creditor’s claim but within a year of the decedent’s death, is not time-barred. The judgment of dismissal in favor of the estate, predicated solely on the application of section 9353’s 90-day timeframe to file suit, must therefore be reversed.

FACTS

This case…