Notice of appeal from appealable probate order: 60 days after party serves notice of entry

60 days after date a party served notice of entry or filed-endorsed copy with proof of service, under Cal. Rules of Court, rule 8.104(a)(1)(B).

Rule text

(a) Normal time (1) Unless a statute or rules 8.108, 8.702, or 8.712 provides otherwise, a notice of appeal must be filed on or before the earliest of:(A) 60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, showing the date either was served;(B) 60 days after the party filing the notice of appeal serves or is served by a party with a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, accompanied by proof of service; or(C) 180 days after entry of judgment.

Cal. Rules of Court, rule 8.104(a)(1)(B), official source

Calculate this deadline

Deadline
Tuesday, January 5, 2027
  1. Trigger (Date a party served Notice of Entry or filed-endorsed copy with proof of service): Friday, November 6, 2026.
  2. Exclude the trigger day and count 60 calendar days: Tuesday, January 5, 2027.
Rules applied
Cal. Rules of Court, rule 8.104(a)(1)(B)
(a) Normal time (1) Unless a statute or rules 8.108, 8.702, or 8.712 provides otherwise, a notice of appeal must be filed on or before the earliest of:(A) 60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, showing the date either was served;(B) 60 days after the party filing the notice of appeal serves or is served by a party with a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, accompanied by proof of service; or(C) 180 days after entry of judgment.
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
  • Appealable probate orders are listed in Prob. Code 1300 (general), 1303 (decedent estates), 1304 (trusts) (G/C orders: Prob. Code 1301, not fetched). CRC 8.104(e): 'judgment' includes an appealable order. EARLIEST-OF RULE: compute all applicable 8.104 alternatives and use the earliest. No extension for mail/electronic service of the notice of entry (CCP 1013(a) and 1010.6(a)(3)(B)(iii) exclude notice of appeal; CRC 8.104(b) bars extension). Entry date: 8.104(c); for a probate decree of distribution, the date entered at length in the judgment book or other permanent record (8.104(c)(4)). Post-judgment motion extensions (CRC 8.108) not modeled.
  • 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 a party served Notice of Entry or filed-endorsed copy with proof of service on Monday, March 15, 2027, personal service: due Friday, May 14, 2027.

  1. Trigger (Date a party served Notice of Entry or filed-endorsed copy with proof of service): Monday, March 15, 2027.
  2. Exclude the trigger day and count 60 calendar days: Friday, May 14, 2027.

Notes

Appealable probate orders are listed in Prob. Code 1300 (general), 1303 (decedent estates), 1304 (trusts) (G/C orders: Prob. Code 1301, not fetched). CRC 8.104(e): 'judgment' includes an appealable order. EARLIEST-OF RULE: compute all applicable 8.104 alternatives and use the earliest. No extension for mail/electronic service of the notice of entry (CCP 1013(a) and 1010.6(a)(3)(B)(iii) exclude notice of appeal; CRC 8.104(b) bars extension). Entry date: 8.104(c); for a probate decree of distribution, the date entered at length in the judgment book or other permanent record (8.104(c)(4)). Post-judgment motion extensions (CRC 8.108) not modeled.

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.