Can a personal representative assert the bar arising from failure to file or present a claim within the time prescribed by statute?

The scope of this rule has been expressed in terms indicating the limitation upon the authority of the executor to waive the requirements of the statute following expiration of the time within which to file or present claims also includes a limitation upon his authority to do so prior to that time. (Harp v. Calahan, supra, 46 Cal. 222, 233.)

In Hurlimann v. Bank of America, supra, 141 Cal.App.2d 801, 806, 297 P.2d 682, being the decision relied upon by the trial court in support of its order sustaining defendant's demurrer, the rationale of the cases stating the rule heretofore noted was used to rule out any basis for estoppel of the personal representative 'predicated upon the conduct of the decedent.' However, whether a personal representative may be estopped to assert the bar arising from failure to file or present a claim within the time prescribed by statute because his conduct was the cause of such failure has not been determined.