Probate of later-discovered will by proponent who had notice: 120 days after first order (alternative 1)
120 days after date of order admitting first will or determining intestacy, under Cal. Prob. Code 8226(c).
Rule text
(c) If the proponent of a will has received notice of a petition for probate or a petition for letters of administration for a general personal representative, the proponent of the will may petition for probate of the will only within the later of either of the following time periods:(1) One hundred twenty days after issuance of the order admitting the first will to probate or determining the decedent to be intestate.(2) Sixty days after the proponent of the will first obtains knowledge of the will.
Calculate this deadline
- Trigger (Date of order admitting first will or determining intestacy): Friday, November 6, 2026.
- Exclude the trigger day and count 120 calendar days: 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 8226(c)
(c) If the proponent of a will has received notice of a petition for probate or a petition for letters of administration for a general personal representative, the proponent of the will may petition for probate of the will only within the later of either of the following time periods:(1) One hundred twenty days after issuance of the order admitting the first will to probate or determining the decedent to be intestate.(2) Sixty days after the proponent of the will first obtains knowledge of the will.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
- Not in the task list; verified and included. LATER-OF RULE with later_will_knowledge. Applies only to a proponent who received notice of the original petition.
- 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 of order admitting first will or determining intestacy on Monday, March 15, 2027, personal service: due Tuesday, July 13, 2027.
- Trigger (Date of order admitting first will or determining intestacy): Monday, March 15, 2027.
- Exclude the trigger day and count 120 calendar days: Tuesday, July 13, 2027.
Notes
Not in the task list; verified and included. LATER-OF RULE with later_will_knowledge. Applies only to a proponent who received notice of the original petition.
Related deadlines
- Will contest after probate (petition to revoke probate) (120 days after)
- Response to will contest (summons on objection to probate) (30 days after)
- Probate of later-discovered will: 60 days after proponent learns of the will (alternative 2) (60 days after)
- Pre-probate will contest: answer the objection within 15 days after demurrer to the contest is overruled (15 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.