TODD contest: commence proceeding AND record lis pendens within 120 days after beneficiary's 5682(c) affidavit recorded
120 days after date the beneficiary's affidavit under prob. code 5682(c) (stating the 5681 notice was served) was recorded, under Cal. Prob. Code 5694(a), (b).
Rule text
If the court in a contest proceeding determines that a transfer of property by a revocable transfer on death deed is invalid, the court shall order the following relief: (a) If the proceeding was commenced and a lis pendens was recorded no later than 120 days after the affidavit required by subdivision (c) of Section 5682 was recorded, the court shall void the deed and order transfer of the property to the person entitled to it. (b) If the proceeding was not commenced and a lis pendens was not recorded within 120 days after the affidavit required by subdivision (c) of Section 5682 was recorded, the court shall grant appropriate relief but the court order shall not affect the rights in the property of a purchaser or encumbrancer for value and in good faith acquired before commencement of the proceeding and recordation of a lis pendens.
Calculate this deadline
- Trigger (Date the beneficiary's affidavit under Prob. Code 5682(c) (stating the 5681 notice was served) was recorded): 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 5694(a), (b)
If the court in a contest proceeding determines that a transfer of property by a revocable transfer on death deed is invalid, the court shall order the following relief: (a) If the proceeding was commenced and a lis pendens was recorded no later than 120 days after the affidavit required by subdivision (c) of Section 5682 was recorded, the court shall void the deed and order transfer of the property to the person entitled to it. (b) If the proceeding was not commenced and a lis pendens was not recorded within 120 days after the affidavit required by subdivision (c) of Section 5682 was recorded, the court shall grant appropriate relief but the court order shall not affect the rights in the property of a purchaser or encumbrancer for value and in good faith acquired before commencement of the proceeding and recordation of a lis pendens.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
- Operative statutory trigger. Meeting it lets the court void the deed outright; missing it limits relief against good-faith purchasers/encumbrancers for value (5694(b)). CORRECTION to the gap description: 5694 runs from recording of the 5682(c) affidavit, not from the 5681 notice; but the statutory 5681 notice form tells heirs they have 120 days from the date of the notice; see todd_contest_120_days_after_5681_notice. 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 the beneficiary's affidavit under Prob. Code 5682(c) (stating the 5681 notice was served) was recorded on Monday, March 15, 2027, personal service: due Tuesday, July 13, 2027.
- Trigger (Date the beneficiary's affidavit under Prob. Code 5682(c) (stating the 5681 notice was served) was recorded): Monday, March 15, 2027.
- Exclude the trigger day and count 120 calendar days: Tuesday, July 13, 2027.
Notes
Operative statutory trigger. Meeting it lets the court void the deed outright; missing it limits relief against good-faith purchasers/encumbrancers for value (5694(b)). CORRECTION to the gap description: 5694 runs from recording of the 5682(c) affidavit, not from the 5681 notice; but the statutory 5681 notice form tells heirs they have 120 days from the date of the notice; see todd_contest_120_days_after_5681_notice. 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.