Breach of trust claim disclosed in written account or report: 3-year limitation

36 months after date the beneficiary received the interim or final account or written report that adequately disclosed the claim, under Cal. Prob. Code 16460(a)(1), (b).

Rule text

If a beneficiary has received an interim or final account in writing, or other written report, that adequately discloses the existence of a claim against the trustee for breach of trust, the claim is barred as to that beneficiary unless a proceeding to assert the claim is commenced within three years after receipt of the account or report.

Cal. Prob. Code 16460(a)(1), (b), official source

Calculate this deadline

Deadline
Tuesday, November 6, 2029
  1. Trigger (Date the beneficiary received the interim or final account or written report that adequately disclosed the claim): Friday, November 6, 2026.
  2. Add 36 months: Tuesday, November 6, 2029.
Rules applied
Cal. Prob. Code 16460(a)(1), (b)
If a beneficiary has received an interim or final account in writing, or other written report, that adequately discloses the existence of a claim against the trustee for breach of trust, the claim is barred as to that beneficiary unless a proceeding to assert the claim is commenced within three years after receipt of the account or report.
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
  • THREE years (not one year) under current text; 3 years = 36 months. 'Receipt' rules for incapacitated adults and minors in 16460(b). Whether the account 'adequately discloses' the claim is a fact question; if not, use breach_of_trust_discovery_3yr. Last amended Stats. 1996, ch. 862.
  • 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

Date the beneficiary received the interim or final account or written report that adequately disclosed the claim on Monday, March 15, 2027, personal service: due Friday, March 15, 2030.

  1. Trigger (Date the beneficiary received the interim or final account or written report that adequately disclosed the claim): Monday, March 15, 2027.
  2. Add 36 months: Friday, March 15, 2030.

Notes

THREE years (not one year) under current text; 3 years = 36 months. 'Receipt' rules for incapacitated adults and minors in 16460(b). Whether the account 'adequately discloses' the claim is a fact question; if not, use breach_of_trust_discovery_3yr. Last amended Stats. 1996, ch. 862.

Related deadlines

All California probate deadlines

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.

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.