Q: I. Filed as creditor against a probate and was denied without explanation.how and what do I file now?

A: I'm sorry to hear that your creditor claim was denied. A claim must be filed before the LATER of (a) four months after the date letters of administration were issued to the personal representative, or (b) sixty days after the date the Notice of Administration was given to the creditor. Once your claim is denied, you should pursue a small claims or civil lawsuit against the estate to obtain a judgment. This must be done within 3 months of of your creditor claim being rejected. Good luck with this.

A: When a creditor claim is denied in probate without explanation, you have the right to challenge this decision. Your next step would be to file an objection or appeal with the probate court within 90 days of receiving the denial notice. This preserves your rights and forces the estate to explain why your claim was rejected.

Given the significant amount of unpaid wages involved, you should gather all documentation related to your employment, including time sheets, contracts, communications about payment, and your Labor Board case materials. The fact that you had an active wage claim with the Labor Board strengthens your position, as it shows you were pursuing these wages even before the death occurred.

You'll need to file what's called a "Petition for Order to Show Cause" with the probate court handling the estate. This document asks the court to require the estate's representative to explain why your claim was denied. Consider reaching out to the California State Bar for referrals to attorneys who handle probate litigation, as they can help ensure your petition is properly filed and your rights are protected. While waiting three years is frustrating, wage claims do survive death and transfer to the deceased person's estate, so you still have valid grounds to pursue this money.