Private sale of estate real property: appraisal (and valuation date) must be within one year before the confirmation hearing

12 months before hearing date on the petition to confirm the sale, under Cal. Prob. Code 10309(a)(1)-(3).

Rule text

(a) Except as provided in Section 10207, no sale of real property at private sale shall be confirmed by the court unless all of the following conditions are satisfied: (1) The real property has been appraised within one year prior to the date of the confirmation hearing. (2) The valuation date used in the appraisal described in paragraph (1) is within one year prior to the date of the confirmation hearing. (3) The sum offered for the property is at least 90 percent of the appraised value of the property as determined by the appraisal described in paragraph (1).

Cal. Prob. Code 10309(a)(1)-(3), official source

Calculate this deadline

Deadline
Thursday, November 6, 2025
  1. Trigger (Hearing date on the petition to confirm the sale): Friday, November 6, 2026.
  2. Subtract 12 months: Thursday, November 6, 2025.
Rules applied
Cal. Prob. Code 10309(a)(1)-(3)
(a) Except as provided in Section 10207, no sale of real property at private sale shall be confirmed by the court unless all of the following conditions are satisfied: (1) The real property has been appraised within one year prior to the date of the confirmation hearing. (2) The valuation date used in the appraisal described in paragraph (1) is within one year prior to the date of the confirmation hearing. (3) The sum offered for the property is at least 90 percent of the appraised value of the property as determined by the appraisal described in paragraph (1).
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
  • Court holidays are loaded for 2026 and 2027 and 2028 and 2029 and 2030 and 2031 and 2032 and 2033 and 2034 and 2035 and 2036 and 2037 and 2038 and 2039 and 2040 and 2041 and 2042 and 2043 and 2044 and 2045 and 2046 and 2047 and 2048 and 2049 only; holidays outside those years are not accounted for.
  • Backward-counted: the appraisal valuation date must fall ON OR AFTER the computed date; if the inventory appraisal is older, obtain a reappraisal (10309(b)). For a conservatee's personal residence, 2543(c) and 2591.5(b) require a new appraisal if the last one is more than six months old. roll none: the computed date must not move.
  • 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 confirm the sale on Monday, March 15, 2027, personal service: due Sunday, March 15, 2026.

  1. Trigger (Hearing date on the petition to confirm the sale): Monday, March 15, 2027.
  2. Subtract 12 months: Sunday, March 15, 2026.
  3. That day is a Sunday, but this date is fixed by the rule and does not move: Sunday, March 15, 2026.

Notes

Backward-counted: the appraisal valuation date must fall ON OR AFTER the computed date; if the inventory appraisal is older, obtain a reappraisal (10309(b)). For a conservatee's personal residence, 2543(c) and 2591.5(b) require a new appraisal if the last one is more than six months old. roll none: the computed date must not move.

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.