Transfer of beneficiary interest for value: outer limit 15 days before final distribution hearing
15 days before hearing date on the petition for final distribution, under Cal. Prob. Code 11604.5(d)(1), (4), (5).
Rule text
(d) A written agreement is effective only if all of the following conditions are met: (1) The executed written agreement is filed with the court not later than 30 days following the date of its execution or, if administration of the decedent's estate has not commenced, then within 30 days of issuance of the letters of administration or letters testamentary, but in no event later than 15 days prior to the hearing on the petition for final distribution. ... (4) The transferee for value executes a declaration or affidavit attesting that the requirements of this section have been satisfied, and the declaration or affidavit is filed with the court within 30 days of execution of the written agreement or, if administration of the decedent's estate has not commenced, then within 30 days of issuance of the letters of administration or letters testamentary, but in no event later than 15 days prior to the hearing on the petition for final distribution. (5) Notice of the assignment is served on the personal representative or the attorney of record for the personal representative within 30 days of execution of the written agreement or, if general or special letters of administration or letters testamentary have not been issued, then within 30 days of issuance of the letters of administration or letters testamentary, but in no event later than 15 days before the hearing on the petition for final distribution.
Calculate this deadline
- Trigger (Hearing date on the petition for final distribution): Friday, November 6, 2026.
- Count back 15 calendar days: Thursday, October 22, 2026.
Cal. Prob. Code 11604.5(d)(1), (4), (5)
(d) A written agreement is effective only if all of the following conditions are met: (1) The executed written agreement is filed with the court not later than 30 days following the date of its execution or, if administration of the decedent's estate has not commenced, then within 30 days of issuance of the letters of administration or letters testamentary, but in no event later than 15 days prior to the hearing on the petition for final distribution. ... (4) The transferee for value executes a declaration or affidavit attesting that the requirements of this section have been satisfied, and the declaration or affidavit is filed with the court within 30 days of execution of the written agreement or, if administration of the decedent's estate has not commenced, then within 30 days of issuance of the letters of administration or letters testamentary, but in no event later than 15 days prior to the hearing on the petition for final distribution. (5) Notice of the assignment is served on the personal representative or the attorney of record for the personal representative within 30 days of execution of the written agreement or, if general or special letters of administration or letters testamentary have not been issued, then within 30 days of issuance of the letters of administration or letters testamentary, but in no event later than 15 days before the hearing on the petition for final distribution.Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10, 17(b)(4), applied to probate proceedings by Prob. Code 1000; Cal. Rules of Court, rule 1.10
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CCP 17(b)(4): "“Month” means a calendar month, unless otherwise expressed." Prob. Code 1000(a): "Except to the extent that this code provides applicable rules, the rules of practice applicable to civil actions, including discovery proceedings and proceedings under Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice in, proceedings under this code."Official source
- Applies to professional 'transferees for value' who buy a beneficiary's interest (11604.5(a)-(c)); not to heir finders paid only for locating services ((c)(4)). Three acts share these deadlines: file the redacted agreement ((d)(1)), file the transferee's declaration ((d)(4)), and serve notice of the assignment on the personal representative or its attorney ((d)(5)). Agreement is ineffective if any condition is missed. The 15-days-before-distribution-hearing limit applies in all cases; use the EARLIER of the applicable 30-day date and that date. Amended by Stats. 2022, ch. 452 (SB 1498).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Hearing date on the petition for final distribution on Monday, March 15, 2027, personal service: due Friday, February 26, 2027.
- Trigger (Hearing date on the petition for final distribution): Monday, March 15, 2027.
- Count back 15 calendar days: Sunday, February 28, 2027.
- That day is a Sunday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Friday, February 26, 2027 (see Cal. Code Civ. Proc. 12c).
Notes
Applies to professional 'transferees for value' who buy a beneficiary's interest (11604.5(a)-(c)); not to heir finders paid only for locating services ((c)(4)). Three acts share these deadlines: file the redacted agreement ((d)(1)), file the transferee's declaration ((d)(4)), and serve notice of the assignment on the personal representative or its attorney ((d)(5)). Agreement is ineffective if any condition is missed. The 15-days-before-distribution-hearing limit applies in all cases; use the EARLIER of the applicable 30-day date and that date. Amended by Stats. 2022, ch. 452 (SB 1498).
Related deadlines
- Inventory and appraisal (decedent's estate) (4 months after)
- Notice to probate referee of hearing on objection to appraisal (decedent's estate) (15 days before)
- Notice of proposed action (IAEA): deliver at least 15 days before proposed action date (15 days before)
- Objection to proposed action (IAEA): must reach PR before the date specified in the notice (1 day before)
- Petition for final distribution or status report: 1 year after letters (no federal estate tax return) (12 months after)
- Petition for final distribution or status report: 18 months after letters (federal estate tax return required) (18 months after)
- Estate sale of personal property: personal representative files report and petition for confirmation (else purchaser may) (30 days after)
- Estate sale of real property: personal representative files report and petition for confirmation (else purchaser may) (30 days after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.