Small real property affidavit (13200): action against transferee barred 3 years after certified copy of affidavit issued (or fraud discovered, if later)
36 months after date the certified copy of the 13200 affidavit was issued under prob. code 13202 (or date fraud discovered, if later), under Cal. Prob. Code 13205(c); 13206(f).
Rule text
(c) An action to impose liability under this section is forever barred three years after the certified copy of the affidavit is issued under Section 13202, or three years after the discovery of the fraud, whichever is later. The three-year period specified in this subdivision is not tolled for any reason.
Calculate this deadline
- Trigger (Date the certified copy of the 13200 affidavit was issued under Prob. Code 13202 (or date fraud discovered, if later)): Friday, November 6, 2026.
- Add 36 months: Tuesday, November 6, 2029.
Cal. Prob. Code 13205(c); 13206(f)
(c) An action to impose liability under this section is forever barred three years after the certified copy of the affidavit is issued under Section 13202, or three years after the discovery of the fraud, whichever is later. The three-year period specified in this subdivision is not tolled for any reason.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
- 13206(f) applies the same bar to the personal representative's restitution action.
- 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 certified copy of the 13200 affidavit was issued under Prob. Code 13202 (or date fraud discovered, if later) on Monday, March 15, 2027, personal service: due Friday, March 15, 2030.
- Trigger (Date the certified copy of the 13200 affidavit was issued under Prob. Code 13202 (or date fraud discovered, if later)): Monday, March 15, 2027.
- Add 36 months: Friday, March 15, 2030.
Notes
13206(f) applies the same bar to the personal representative's restitution action.
Related deadlines
- Small estate affidavit (personal property): earliest date to use (40 days after death) (40 days after)
- Petition to determine succession to decedent's primary residence (13151): earliest filing date (40 days after)
- Affidavit re real property of small value (13200): earliest filing date (six months after death) (6 months after)
- Small estate affidavit (13100): action against transferee by person with superior right or by personal representative barred 3 years after affidavit presented (or fraud discovered, if later) (36 months 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.