Trust creditor procedure, deceased settlor received Medi-Cal: DHCS has 4 months after trustee's notice of death to file claim

4 months after date the trustee gave dhcs notice of the settlor's death (prob. code 215 manner), under Cal. Prob. Code 19202.

Rule text

(a) If the trustee knows or has reason to believe that the deceased settlor received health care under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or was the surviving spouse of a person who received that health care, the trustee shall give the State Director of Health Services notice of the death of the deceased settlor or surviving spouse in the manner provided in Section 215. (b) The director has four months after notice is given in which to file a claim.

Cal. Prob. Code 19202, official source

Calculate this deadline

Deadline
Monday, March 8, 2027
  1. Trigger (Date the trustee gave DHCS notice of the settlor's death (Prob. Code 215 manner)): Friday, November 6, 2026.
  2. Add 4 months: Saturday, March 6, 2027.
  3. That day is a Saturday, so the deadline moves to the next court day: Monday, March 8, 2027 (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).
Rules applied
Cal. Prob. Code 19202
(a) If the trustee knows or has reason to believe that the deceased settlor received health care under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or was the surviving spouse of a person who received that health care, the trustee shall give the State Director of Health Services notice of the death of the deceased settlor or surviving spouse in the manner provided in Section 215. (b) The director has four months after notice is given in which to file a claim.
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
  • Notice itself is due within 90 days of death under Prob. Code 215. Trust counterpart of dhcs_claim_4mo (9202). Amended by Stats. 2007, ch. 159.
  • 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 trustee gave DHCS notice of the settlor's death (Prob. Code 215 manner) on Monday, March 15, 2027, personal service: due Thursday, July 15, 2027.

  1. Trigger (Date the trustee gave DHCS notice of the settlor's death (Prob. Code 215 manner)): Monday, March 15, 2027.
  2. Add 4 months: Thursday, July 15, 2027.

Notes

Notice itself is due within 90 days of death under Prob. Code 215. Trust counterpart of dhcs_claim_4mo (9202). Amended by Stats. 2007, ch. 159.

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.