When Can You Open a Probate Estate

[adhoc@]

My question involves estate proceedings in the state of: California

My ex husband died and his remaining family refuses to file a probate case. I cannot contact them, either. Could I file a probate case as his ex-wife? If not, could I file it acting as a representative for my ex-husband's minor son? His father owed months of child support.

[Mr. Knowitall]

Yes, as a creditor of the estate you can open a probate estate. I don't know if it will be worth it to you to do so for a few months of child support.