When a personal representative rejects a creditor’s claim in a California probate, the creditor has 90 days from the notice of rejection to file a lawsuit or refer the matter to arbitration. Miss that window and the rejected portion of the debt is permanently barred, no matter what other statute of limitations would normally apply.1California Legislative Information. California Probate Code 9353 That short clock is the single most important thing to know once a rejection arrives.
Rejection is not the end of the road, but it is the moment the process shifts from a paperwork exercise inside the probate case into potential civil litigation against the estate. Understanding why the claim was rejected, what portion (if any) was allowed, and how the 90-day deadline interacts with the one-year absolute bar under California law will decide whether recovery is still possible.
How a Rejection Happens
Once a creditor’s claim is filed with the court and properly served on the personal representative, the personal representative reviews it and decides whether to allow or reject it, in whole or in part. The personal representative acts as a gatekeeper, evaluating whether the decedent actually owed the debt, whether the amount is correct, and whether the supporting documentation holds up.
The rejection is communicated through a formal notice. That notice is what starts the 90-day countdown, so the date on it matters. Keep the envelope and any proof of service; the mailing date can become important if the deadline is close.
Common Reasons Claims Get Rejected
Understanding why a claim was rejected is the first step in deciding whether to sue or walk away. Some rejections reflect a genuine dispute about the underlying debt. Others are procedural and cannot be fixed by litigation.
- Late filing. The claim arrived after the deadline and no late-claim petition was granted. A lawsuit will not revive a claim that was untimely at the filing stage.
- Insufficient detail. The claim form doesn’t describe the debt clearly enough or lacks supporting evidence. The personal representative needs enough information to verify the obligation.
- No connection to the decedent. The debt belongs to someone else, or the creditor cannot demonstrate the decedent was personally liable.
- Already resolved. The debt was paid, forgiven, discharged in bankruptcy, or otherwise settled before the decedent’s death.
- Invalid service. The creditor filed with the court but never served a copy on the personal representative within the required window.2California Legislative Information. California Probate Code 9150
If the rejection came from a substantive dispute (the personal representative doesn’t believe the decedent owed the money, or disagrees about the amount), the claim can be pursued in a civil action. If the rejection came from a procedural defect at the filing stage, that defect usually cannot be cured by suing.
Partial Rejection
A rejection is not always all-or-nothing. The personal representative can reject part of a claim and allow the rest, which typically means they agree money is owed but disagree about how much. When that happens, the creditor can accept the allowed portion and separately contest the rejected portion. The 90-day suit deadline applies to the rejected piece.
The 90-Day Deadline to Sue
Once the claim is rejected, the clock starts. If the debt is already due when the rejection notice is served, the creditor has 90 days from that notice to file a lawsuit or refer the matter to arbitration. If the debt isn’t yet due, the 90 days runs from the date it becomes due.1California Legislative Information. California Probate Code 9353
The 90-day rule is jurisdictional. California courts treat it as an absolute cutoff, and being even a day late permanently bars the rejected portion of the claim, regardless of any longer statute of limitations that would otherwise apply to the same debt. A three- or four-year contract limitations period does not save a creditor who let the 90 days lapse.
The claims process is also a required first step. California does not allow a creditor to skip the probate claim and go straight to court against the estate. The rejection is what unlocks the right to sue.3California Legislative Information. California Probate Code 9351
Where to File the Lawsuit
The suit can be filed in the county where the estate administration is pending, along with any other county that would normally be a proper venue for the underlying type of claim.4California Legislative Information. California Probate Code 9354 The case then proceeds as an ordinary civil action, with the creditor bearing the burden of proving the debt. Expect the personal representative, and often the estate’s beneficiaries, to contest the claim.
Probate litigation has procedural quirks that catch pro se creditors off guard. Between the tight 90-day deadline, the pleading requirements, and the need to coordinate with an ongoing probate case, legal representation is usually worth the investment.
The One-Year Outer Limit
One deadline overrides everything else in this area of law. Under California’s Code of Civil Procedure, no action on a surviving claim against a decedent may be commenced more than one year after the date of death.5California Legislative Information. California Code of Civil Procedure 366.2 This one-year bar runs from the death itself, not from the rejection.
In most probates the 90-day suit deadline will expire well before the one-year mark, so the 90 days is the operative limit. But if a probate opens late, or if a claim is rejected close to the anniversary of the death, the one-year bar can foreclose litigation even when the 90-day window is technically still open. Check both deadlines and treat the earlier one as the real one.
What Winning a Lawsuit Actually Gets You
A judgment against the estate does not automatically translate into payment. The estate still pays debts in the statutory priority order, and no lower-priority debt gets a dollar until every higher-priority debt is paid in full.6California Legislative Information. California Probate Code 11420 Administration expenses come first, followed by secured debts (paid from their collateral), funeral expenses, last-illness expenses, family allowance, wage claims, and finally general unsecured debts. Within a single class, creditors share proportionately if the estate cannot pay everyone in full.
For a general unsecured creditor, this hierarchy is a reality check. Winning the lawsuit establishes the debt; it does not jump the creditor ahead of higher-priority claimants. If the estate is thin, a valid rejected claim that becomes a judgment may still recover only cents on the dollar, or nothing.
Practical Steps After a Rejection
The first move is to calendar the 90-day deadline the day the rejection notice arrives, and calendar the one-year-from-death date alongside it. Whichever comes first is the drop-dead date for filing.
The second move is to read the rejection carefully. If it’s partial, note the allowed amount separately from the rejected amount; only the rejected portion needs to be sued on. If the stated reason for rejection is procedural (late filing, defective service), consult a probate attorney quickly about whether litigation can realistically succeed or whether the claim is already lost at the threshold.
The third move, if the underlying debt is worth pursuing, is to prepare the civil complaint well before day 90. Filing must occur within the window; drafting a complaint on day 89 leaves no margin for a clerk’s office rejection or a filing error. The rejected claim, the notice of rejection, and any documentation supporting the debt should all be gathered before drafting begins.
The rejection notice is a starting gun, not a verdict. But the runway is short, and the deadlines are unforgiving.