Outside limit for actions on decedent's liabilities: one year after death
12 months after date of decedent's death, under Cal. Code Civ. Proc. 366.2(a)-(b).
Rule text
(a) If a person against whom an action may be brought on a liability of the person, whether arising in contract, tort, or otherwise, and whether accrued or not accrued, dies before the expiration of the applicable limitations period, and the cause of action survives, an action may be commenced within one year after the date of death, and the limitations period that would have been applicable does not apply.(b) The limitations period provided in this section for commencement of an action shall not be tolled or extended for any reason except as provided in any of the following, where applicable:(1) Sections 12, 12a, and 12b of this code.(2) Part 4 (commencing with Section 9000) of Division 7 of the Probate Code (creditor claims in administration of estates of decedents).
Calculate this deadline
- Trigger (Date of decedent's death): Friday, November 6, 2026.
- Add 12 months: Saturday, November 6, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, November 8, 2027 (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).
Cal. Code Civ. Proc. 366.2(a)-(b)
(a) If a person against whom an action may be brought on a liability of the person, whether arising in contract, tort, or otherwise, and whether accrued or not accrued, dies before the expiration of the applicable limitations period, and the cause of action survives, an action may be commenced within one year after the date of death, and the limitations period that would have been applicable does not apply.(b) The limitations period provided in this section for commencement of an action shall not be tolled or extended for any reason except as provided in any of the following, where applicable:(1) Sections 12, 12a, and 12b of this code.(2) Part 4 (commencing with Section 9000) of Division 7 of the Probate Code (creditor claims in administration of estates of decedents).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
- Not in the task list; included because 9100 and 9103 expressly cross-reference it. Modeled as 12 calendar months (one year). Tolled only as listed in 366.2(b), including Probate Code creditor-claim provisions (e.g., Prob. Code 9352, not fetched). A lawyer must evaluate tolling.
- 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 of decedent's death on Monday, March 15, 2027, personal service: due Wednesday, March 15, 2028.
- Trigger (Date of decedent's death): Monday, March 15, 2027.
- Add 12 months: Wednesday, March 15, 2028.
Notes
Not in the task list; included because 9100 and 9103 expressly cross-reference it. Modeled as 12 calendar months (one year). Tolled only as listed in 366.2(b), including Probate Code creditor-claim provisions (e.g., Prob. Code 9352, not fetched). A lawyer must evaluate tolling.
Related deadlines
- Creditor claim deadline: 4 months after letters (alternative 1) (4 months after)
- Creditor claim deadline: 60 days after notice of administration mailed or delivered (alternative 2) (60 days after)
- Notice of administration to known creditors: 4 months after letters (alternative 1) (4 months after)
- Notice of administration to creditor: 30 days after PR first learns of creditor (alternative 2) (30 days after)
- Petition to file late creditor claim (60 days after)
- Creditor may treat claim as rejected if PR/court has not acted (30 days after filing) (30 days after)
- Creditor suit on rejected claim (claim due when rejection given): 90 days after notice of rejection (90 days after)
- Creditor suit on rejected claim (claim not yet due when rejected): 90 days after claim becomes due (90 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.