Posthumous conception notice received: no distribution or death benefit payment until 2 years after death certificate or judgment

24 months after date the decedent's death certificate issued or judgment determining the fact of death was entered (whichever first), under Cal. Prob. Code 249.6(a).

Rule text

(a) Upon timely receipt of the notice required by Section 249.5 or actual knowledge by a person who has the power to control the distribution of either the decedent's property or death benefits payable by reason of the decedent's death, that person may not make a distribution of property or pay death benefits payable by reason of the decedent's death before two years following the date of issuance of a certificate of the decedent's death or entry of a judgment determining the fact of decedent's death, whichever event occurs first.

Cal. Prob. Code 249.6(a), official source

Calculate this deadline

Deadline
Monday, November 6, 2028
  1. Trigger (Date the decedent's death certificate issued or judgment determining the fact of death was entered (whichever first)): Friday, November 6, 2026.
  2. Add 24 months: Monday, November 6, 2028.
Rules applied
Cal. Prob. Code 249.6(a)
(a) Upon timely receipt of the notice required by Section 249.5 or actual knowledge by a person who has the power to control the distribution of either the decedent's property or death benefits payable by reason of the decedent's death, that person may not make a distribution of property or pay death benefits payable by reason of the decedent's death before two years following the date of issuance of a certificate of the decedent's death or entry of a judgment determining the fact of decedent's death, whichever event occurs first.
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
  • Earliest permitted distribution date. Exceptions in 249.6(b)-(c) (distribution unaffected by an afterborn child, or written notice that the material will not be used). Enter period as 24 months.
  • 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 decedent's death certificate issued or judgment determining the fact of death was entered (whichever first) on Monday, March 15, 2027, personal service: due Thursday, March 15, 2029.

  1. Trigger (Date the decedent's death certificate issued or judgment determining the fact of death was entered (whichever first)): Monday, March 15, 2027.
  2. Add 24 months: Thursday, March 15, 2029.

Notes

Earliest permitted distribution date. Exceptions in 249.6(b)-(c) (distribution unaffected by an afterborn child, or written notice that the material will not be used). Enter period as 24 months.

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.