Creditor claim: serve copy on personal representative (alternative B: 4 months after general letters)
4 months after date letters issued to a personal representative with general powers, under Cal. Prob. Code 9150(c).
Rule text
(b) A claim shall be filed with the court and a copy shall be served on the personal representative, or on a person who is later appointed and qualified as personal representative. (c) Service of the claim on the personal representative shall be made within the later of 30 days of the filing of the claim or four months after letters issue to a personal representative with general powers. Service shall not be required after the claim has been allowed or rejected. (d) If the creditor does not file the claim with the court and serve the claim on the personal representative as provided in this section, the claim shall be invalid.
Calculate this deadline
- Trigger (Date letters issued to a personal representative with general powers): Friday, November 6, 2026.
- Add 4 months: Saturday, March 6, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, March 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. Prob. Code 9150(c)
(b) A claim shall be filed with the court and a copy shall be served on the personal representative, or on a person who is later appointed and qualified as personal representative. (c) Service of the claim on the personal representative shall be made within the later of 30 days of the filing of the claim or four months after letters issue to a personal representative with general powers. Service shall not be required after the claim has been allowed or rejected. (d) If the creditor does not file the claim with the court and serve the claim on the personal representative as provided in this section, the claim shall be invalid.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
- The LATER of the two dates governs (9150(c)); calculate both (creditor_claim_service_30_days_after_filing and creditor_claim_service_4_months_after_letters) and use the later. Failure to serve makes the claim invalid (9150(d)). Amended by 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 letters issued to a personal representative with general powers on Monday, March 15, 2027, personal service: due Thursday, July 15, 2027.
- Trigger (Date letters issued to a personal representative with general powers): Monday, March 15, 2027.
- Add 4 months: Thursday, July 15, 2027.
Notes
The LATER of the two dates governs (9150(c)); calculate both (creditor_claim_service_30_days_after_filing and creditor_claim_service_4_months_after_letters) and use the later. Failure to serve makes the claim invalid (9150(d)). Amended by Stats. 1996, ch. 862.
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.