Trust decanting notice received: court action to contest within 59 days of the notice

59 days after date the decanting notice was given, under Cal. Prob. Code 19507(a), (c)(5).

Rule text

(a) In this section, a notice period begins on the day notice is given under subdivision (c) and ends 59 days after the day notice is given. ... (c) Except as otherwise provided in subdivision (h), an authorized fiduciary shall give notice of the intended exercise of the decanting power not later than 60 days before the exercise to all of the following: ... (5) A warning, set out in a separate paragraph in not less than 10-point bold type, or a reasonable equivalent thereof, that states the following: "If you do not bring a court action to contest the proposed trust decanting (the proposed changes to the trust) within 59 days of this notice, you will lose your right to contest the decanting."

Cal. Prob. Code 19507(a), (c)(5), official source

Calculate this deadline

Deadline
Monday, January 4, 2027
  1. Trigger (Date the decanting notice was given): Friday, November 6, 2026.
  2. Exclude the trigger day and count 59 calendar days: Monday, January 4, 2027.
Rules applied
Cal. Prob. Code 19507(a), (c)(5)
(a) In this section, a notice period begins on the day notice is given under subdivision (c) and ends 59 days after the day notice is given. ... (c) Except as otherwise provided in subdivision (h), an authorized fiduciary shall give notice of the intended exercise of the decanting power not later than 60 days before the exercise to all of the following: ... (5) A warning, set out in a separate paragraph in not less than 10-point bold type, or a reasonable equivalent thereof, that states the following: "If you do not bring a court action to contest the proposed trust decanting (the proposed changes to the trust) within 59 days of this notice, you will lose your right to contest the decanting."
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 notice period 'ends 59 days after the day notice is given'. roll none: conservative.
  • 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 decanting notice was given on Monday, March 15, 2027, personal service: due Thursday, May 13, 2027.

  1. Trigger (Date the decanting notice was given): Monday, March 15, 2027.
  2. Exclude the trigger day and count 59 calendar days: Thursday, May 13, 2027.

Notes

The notice period 'ends 59 days after the day notice is given'. roll none: conservative.

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.