Petition to file late creditor claim against trust (60 days after creditor's actual knowledge)

60 days after date creditor obtained actual knowledge of the trust administration (19103(a)(1)) or of both the claim facts and the administration (19103(a)(2)), under Cal. Prob. Code 19103(a).

Rule text

upon petition by a creditor or a trustee, the court may allow a claim to be filed after expiration of the time for filing a claim provided in Section 19100 if either of the following conditions are satisfied: (1) The trustee failed to send proper and timely notice to the creditor and the petition is filed within 60 days after the creditor has actual knowledge of the administration of the trust. (2) The creditor did not have knowledge of the facts giving rise to the existence of the claim more than 30 days prior to the time for filing a claim as provided in Section 19100, and the petition is filed within 60 days after the creditor has actual knowledge of both of the following: (A) The existence of the facts reasonably giving rise to the existence of the claim. (B) The administration of the trust.

Cal. Prob. Code 19103(a), official source

Calculate this deadline

Deadline
Tuesday, January 5, 2027
  1. Trigger (Date creditor obtained actual knowledge of the trust administration (19103(a)(1)) or of both the claim facts and the administration (19103(a)(2))): Friday, November 6, 2026.
  2. Exclude the trigger day and count 60 calendar days: Tuesday, January 5, 2027.
Rules applied
Cal. Prob. Code 19103(a)
upon petition by a creditor or a trustee, the court may allow a claim to be filed after expiration of the time for filing a claim provided in Section 19100 if either of the following conditions are satisfied: (1) The trustee failed to send proper and timely notice to the creditor and the petition is filed within 60 days after the creditor has actual knowledge of the administration of the trust. (2) The creditor did not have knowledge of the facts giving rise to the existence of the claim more than 30 days prior to the time for filing a claim as provided in Section 19100, and the petition is filed within 60 days after the creditor has actual knowledge of both of the following: (A) The existence of the facts reasonably giving rise to the existence of the claim. (B) The administration of the trust.
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
  • Subject to the outer limit in trust_late_claim_outer_1yr (whichever is EARLIER controls) and to CCP 366.2.
  • 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 creditor obtained actual knowledge of the trust administration (19103(a)(1)) or of both the claim facts and the administration (19103(a)(2)) on Monday, March 15, 2027, personal service: due Friday, May 14, 2027.

  1. Trigger (Date creditor obtained actual knowledge of the trust administration (19103(a)(1)) or of both the claim facts and the administration (19103(a)(2))): Monday, March 15, 2027.
  2. Exclude the trigger day and count 60 calendar days: Friday, May 14, 2027.

Notes

Subject to the outer limit in trust_late_claim_outer_1yr (whichever is EARLIER controls) and to CCP 366.2.

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.