Petition to remove probate referee for cause: deliver notice to referee at least 15 days before hearing
15 days before hearing date on the petition to remove the probate referee, under Cal. Prob. Code 8924(a)(1).
Rule text
(1) The personal representative shows cause, including incompetence or undue delay in making the appraisal, that in the opinion of the court warrants removal of the probate referee. The showing shall be made at a hearing on petition of the personal representative. The personal representative shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee at least 15 days before the date set for the hearing.
Calculate this deadline
- Trigger (Hearing date on the petition to remove the probate referee): Friday, November 6, 2026.
- Count back 15 calendar days: Thursday, October 22, 2026.
Cal. Prob. Code 8924(a)(1)
(1) The personal representative shows cause, including incompetence or undue delay in making the appraisal, that in the opinion of the court warrants removal of the probate referee. The showing shall be made at a hearing on petition of the personal representative. The personal representative shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee at least 15 days before the date set for the hearing.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
- The personal representative may remove the FIRST designated referee without cause any time before delivering the inventory to the referee (8924(a)(2)).
- 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 petition to remove the probate referee on Monday, March 15, 2027, personal service: due Friday, February 26, 2027.
- Trigger (Hearing date on the petition to remove the probate referee): Monday, March 15, 2027.
- Count back 15 calendar days: Sunday, February 28, 2027.
- 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).
Notes
The personal representative may remove the FIRST designated referee without cause any time before delivering the inventory to the referee (8924(a)(2)).
Related deadlines
- Inventory and appraisal (decedent's estate) (4 months after)
- Notice to probate referee of hearing on objection to appraisal (decedent's estate) (15 days before)
- Notice of proposed action (IAEA): deliver at least 15 days before proposed action date (15 days before)
- Objection to proposed action (IAEA): must reach PR before the date specified in the notice (1 day before)
- Petition for final distribution or status report: 1 year after letters (no federal estate tax return) (12 months after)
- Petition for final distribution or status report: 18 months after letters (federal estate tax return required) (18 months after)
- Estate sale of personal property: personal representative files report and petition for confirmation (else purchaser may) (30 days after)
- Estate sale of real property: personal representative files report and petition for confirmation (else purchaser may) (30 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.