Petition concerning advance health care directive / agent / surrogate (4765 et seq.): serve notice and petition on agent or surrogate and patient at least 15 days before hearing

15 days before hearing date on the 4765 et seq. petition, under Cal. Prob. Code 4769(a)-(b).

Rule text

(a) Subject to subdivision (b), at least 15 days before the time set for hearing, the petitioner shall serve notice of the time and place of the hearing, together with a copy of the petition, on the following: (1) The agent or surrogate, if not the petitioner. (2) The patient, if not the petitioner. (b) In the case of a petition to compel a third person to honor individual health care instructions or the authority of an agent or surrogate, notice of the time and place of the hearing, together with a copy of the petition, shall be served on the third person in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.

Cal. Prob. Code 4769(a)-(b), official source

Calculate this deadline

Deadline
Thursday, October 22, 2026
  1. Trigger (Hearing date on the 4765 et seq. petition): Friday, November 6, 2026.
  2. Count back 15 calendar days: Thursday, October 22, 2026.
Rules applied
Cal. Prob. Code 4769(a)-(b)
(a) Subject to subdivision (b), at least 15 days before the time set for hearing, the petitioner shall serve notice of the time and place of the hearing, together with a copy of the petition, on the following: (1) The agent or surrogate, if not the petitioner. (2) The patient, if not the petitioner. (b) In the case of a petition to compel a third person to honor individual health care instructions or the authority of an agent or surrogate, notice of the time and place of the hearing, together with a copy of the petition, shall be served on the third person in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.
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
  • Same mail-extension ambiguity as poa_petition_notice_15_days. Amended by Stats. 2001, ch. 230. Prob. Code 1215(a)(4) applies; the mail add-on is a precaution only. [Validation 2026-11, Q0467. Authority: Cal. Prob. Code 4544(a); Cal. Prob. Code 1215(a)(4); Cal. Prob. Code 1000(a)]
  • 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 4765 et seq. petition on Monday, March 15, 2027, personal service: due Friday, February 26, 2027.

  1. Trigger (Hearing date on the 4765 et seq. petition): Monday, March 15, 2027.
  2. Count back 15 calendar days: Sunday, February 28, 2027.
  3. That day is a Sunday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Friday, February 26, 2027 (see Cal. Code Civ. Proc. 12c).

Unsettled points

  • The calculator subtracts mail days from the 15-day probate notice, giving an earlier service date as a precaution.Other reading: Under Probate Code 1215(a)(4), mailed notice is not extended, so serving 15 days before the hearing is enough.

Notes

Same mail-extension ambiguity as poa_petition_notice_15_days. Amended by Stats. 2001, ch. 230. Prob. Code 1215(a)(4) applies; the mail add-on is a precaution only. [Validation 2026-11, Q0467. Authority: Cal. Prob. Code 4544(a); Cal. Prob. Code 1215(a)(4); Cal. Prob. Code 1000(a)]

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.