Petition to fix administration expenses chargeable to encumbered property sold (10361.5): serve notice and petition on lienholders, brokers and PR at least 30 days before hearing

30 days before hearing date on the 10361.5 petition, under Cal. Prob. Code 10361.6(a).

Rule text

(a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 3 of the Code of Civil Procedure on all of the following persons: (1) The personal representative, if the personal representative is not the petitioner. (2) The holder of any mortgage or other lien secured by the property that is sold.

Cal. Prob. Code 10361.6(a), official source

Calculate this deadline

Deadline
Wednesday, October 7, 2026
  1. Trigger (Hearing date on the 10361.5 petition): Friday, November 6, 2026.
  2. Count back 30 calendar days: Wednesday, October 7, 2026.
Rules applied
Cal. Prob. Code 10361.6(a)
(a) At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 3 of the Code of Civil Procedure on all of the following persons: (1) The personal representative, if the personal representative is not the petitioner. (2) The holder of any mortgage or other lien secured by the property that is sold.
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
  • Summons-style service; no mail extension.
  • 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

Hearing date on the 10361.5 petition on Monday, March 15, 2027, personal service: due Thursday, February 11, 2027.

  1. Trigger (Hearing date on the 10361.5 petition): Monday, March 15, 2027.
  2. Count back 30 calendar days: Saturday, February 13, 2027.
  3. That day is a Saturday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Thursday, February 11, 2027 (see Cal. Code Civ. Proc. 12c).

Notes

Summons-style service; no mail extension.

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.