Guardian/conservator of estate: earliest date to petition for compensation (90 days after letters)
90 days after date letters of guardianship or conservatorship (estate) issued, under Cal. Prob. Code 2640(a).
Rule text
(a) At any time after the filing of the inventory and appraisal, but not before the expiration of 90 days from the issuance of letters or any other period of time as the court for good cause orders, the guardian or conservator of the estate may petition the court for an order fixing and allowing compensation to any one or more of the following:
Calculate this deadline
- Trigger (Date letters of guardianship or conservatorship (estate) issued): Friday, November 6, 2026.
- Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
- The period includes its last day, so the earliest day to act is the next court day: Friday, February 5, 2027.
Cal. Prob. Code 2640(a)
(a) At any time after the filing of the inventory and appraisal, but not before the expiration of 90 days from the issuance of letters or any other period of time as the court for good cause orders, the guardian or conservator of the estate may petition the court for an order fixing and allowing compensation to any one or more of the following: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
- Earliest date, and only after the inventory and appraisal is filed; the court may set a different period for good cause. Covers compensation for the guardian/conservator of the estate and of the person and their attorney. Amended by Stats. 2021, ch. 417 (AB 1194).
- 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 letters of guardianship or conservatorship (estate) issued on Monday, March 15, 2027, personal service: due Monday, June 14, 2027.
- Trigger (Date letters of guardianship or conservatorship (estate) issued): Monday, March 15, 2027.
- Exclude the trigger day and count 90 calendar days: Sunday, June 13, 2027.
- That day is a Sunday, but this date is fixed by the rule and does not move: Sunday, June 13, 2027.
- The period includes its last day, so the earliest day to act is the next court day: Monday, June 14, 2027.
Notes
Earliest date, and only after the inventory and appraisal is filed; the court may set a different period for good cause. Covers compensation for the guardian/conservator of the estate and of the person and their attorney. Amended by Stats. 2021, ch. 417 (AB 1194).
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.