First publication of notice of petition to administer estate
15 days before hearing date on petition for probate/letters, under Cal. Prob. Code 8120, 8121(a).
Rule text
8120: "In addition to service of the notice of hearing as provided in Article 2 (commencing with Section 8110), notice of hearing of a petition for administration of a decedent’s estate shall also be published before the hearing in the manner provided in this article." 8121(a): "The first publication date of the notice shall be at least 15 days before the hearing. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the publication dates, are sufficient."
Calculate this deadline
- Trigger (Hearing date on petition for probate/letters): Friday, November 6, 2026.
- Count back 15 calendar days: Thursday, October 22, 2026.
Cal. Prob. Code 8120, 8121(a)
8120: "In addition to service of the notice of hearing as provided in Article 2 (commencing with Section 8110), notice of hearing of a petition for administration of a decedent’s estate shall also be published before the hearing in the manner provided in this article." 8121(a): "The first publication date of the notice shall be at least 15 days before the hearing. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the publication dates, are sufficient."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
- Last permissible FIRST publication date. Three publications are required in total; the first and last must have at least five days between them, not counting the publication dates themselves; all must occur before the hearing (8120). Newspaper submission lead times are not modeled. Newspaper selection: 8121(b), 8122. An affidavit of publication must be filed before the petition can be heard (8124, no day count). Roll: if the computed date is a weekend/holiday the dataset moves earlier; whether a newspaper publishes that day is a practical matter.
- 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 petition for probate/letters on Monday, March 15, 2027, personal service: due Friday, February 26, 2027.
- Trigger (Hearing date on petition for probate/letters): 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
Last permissible FIRST publication date. Three publications are required in total; the first and last must have at least five days between them, not counting the publication dates themselves; all must occur before the hearing (8120). Newspaper submission lead times are not modeled. Newspaper selection: 8121(b), 8122. An affidavit of publication must be filed before the petition can be heard (8124, no day count). Roll: if the computed date is a weekend/holiday the dataset moves earlier; whether a newspaper publishes that day is a practical matter.
Related 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.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
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- Imperial
- Inyo
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- Tuolumne
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- 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.