TODD contest (conservative): 120 days from date of beneficiary's 5681 notice to heirs
120 days after date of the beneficiary's notice of revocable transfer on death deed served under prob. code 5681, under Cal. Prob. Code 5681(b) (notice form); 5694.
Rule text
(b) The notice required by subdivision (a) shall be in substantially the following form: ... If you believe that the revocable transfer on death deed is invalid and you wish to stop it from taking effect, you have only 120 days from the date of this notice to file a fully effective challenge. You should act promptly and may wish to consult an attorney.
Cal. Prob. Code 5681(b) (notice form); 5694, official source
Calculate this deadline
- Trigger (Date of the beneficiary's Notice of Revocable Transfer on Death Deed served under Prob. Code 5681): Friday, November 6, 2026.
- Exclude the trigger day and count 120 calendar days: Saturday, March 6, 2027.
- That day is a Saturday, but this date is fixed by the rule and does not move: Saturday, March 6, 2027.
Cal. Prob. Code 5681(b) (notice form); 5694
(b) The notice required by subdivision (a) shall be in substantially the following form: ... If you believe that the revocable transfer on death deed is invalid and you wish to stop it from taking effect, you have only 120 days from the date of this notice to file a fully effective challenge. You should act promptly and may wish to consult an attorney.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
- Conservative companion to todd_contest_120_days_after_5682_affidavit: the statutory notice form tells heirs 120 days run 'from the date of this notice', which will usually be earlier than the 5682(c) affidavit recording date that 5694 actually uses. Docket the earlier of the two. Notice served by Prob. Code 1215 methods (5681(e)). TODD statutes repealed as of Jan. 1, 2032 (Prob. Code 5600). Amended by Stats. 2021, ch. 215 (SB 315). roll none: conservative.
- 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 of the beneficiary's Notice of Revocable Transfer on Death Deed served under Prob. Code 5681 on Monday, March 15, 2027, personal service: due Tuesday, July 13, 2027.
- Trigger (Date of the beneficiary's Notice of Revocable Transfer on Death Deed served under Prob. Code 5681): Monday, March 15, 2027.
- Exclude the trigger day and count 120 calendar days: Tuesday, July 13, 2027.
Notes
Conservative companion to todd_contest_120_days_after_5682_affidavit: the statutory notice form tells heirs 120 days run 'from the date of this notice', which will usually be earlier than the 5682(c) affidavit recording date that 5694 actually uses. Docket the earlier of the two. Notice served by Prob. Code 1215 methods (5681(e)). TODD statutes repealed as of Jan. 1, 2032 (Prob. Code 5600). Amended by Stats. 2021, ch. 215 (SB 315). roll none: conservative.
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
- 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.