Creditor may treat claim as rejected if PR/court has not acted (30 days after filing)
30 days after date claim filed, under Cal. Prob. Code 9256.
Rule text
If within 30 days after a claim is filed the personal representative or the court or judge has refused or neglected to act on the claim, the refusal or neglect may, at the option of the creditor, be deemed equivalent to giving a notice of rejection on the 30th day.
Calculate this deadline
- Trigger (Date claim filed): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, but this date is fixed by the rule and does not move: Sunday, December 6, 2026.
Cal. Prob. Code 9256
If within 30 days after a claim is filed the personal representative or the court or judge has refused or neglected to act on the claim, the refusal or neglect may, at the option of the creditor, be deemed equivalent to giving a notice of rejection on the 30th day.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
- Optional for the creditor. If the creditor elects, the 30th day is the deemed rejection date and claim_rejection_suit (90 days) runs from it. Whether CCP 12a moves a 'deemed' 30th day is unsettled; for the follow-on 90-day suit period, using the UNROLLED 30th day as the trigger is the conservative choice (REVIEW).
- 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 claim filed on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date claim filed): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Optional for the creditor. If the creditor elects, the 30th day is the deemed rejection date and claim_rejection_suit (90 days) runs from it. Whether CCP 12a moves a 'deemed' 30th day is unsettled; for the follow-on 90-day suit period, using the UNROLLED 30th day as the trigger is the conservative choice (REVIEW).
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 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)
- Outside limit for actions on decedent's liabilities: one year after death (12 months 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.