Trust creditor not given notice (bad faith): petition on trustee liability within 16 months after first publication (notice 30 days before hearing)
16 months after date of first publication of notice to creditors under prob. code 19040, under Cal. Prob. Code 19053(b)(3).
Rule text
(3) Within 16 months after the first publication of notice under Section 19040, the creditor did both of the following: (A) Filed a petition requesting that the court in which the proceedings under Chapter 1 (commencing with Section 19000) were initiated make an order determining the liability of the trustee under this subdivision. (B) At least 30 days before the hearing on the petition, caused notice of the hearing and a copy of the petition to be served on the
Calculate this deadline
- Trigger (Date of first publication of notice to creditors under Prob. Code 19040): Friday, November 6, 2026.
- Add 16 months: Monday, March 6, 2028.
Cal. Prob. Code 19053(b)(3)
(3) Within 16 months after the first publication of notice under Section 19040, the creditor did both of the following: (A) Filed a petition requesting that the court in which the proceedings under Chapter 1 (commencing with Section 19000) were initiated make an order determining the liability of the trustee under this subdivision. (B) At least 30 days before the hearing on the petition, caused notice of the hearing and a copy of the petition to be served on theOfficial 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
- Trust counterpart of 9053 (omitted_creditor_pr_liability_petition_16_months). Also requires bad faith and no actual knowledge within one year after publication.
- 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 first publication of notice to creditors under Prob. Code 19040 on Monday, March 15, 2027, personal service: due Monday, July 17, 2028.
- Trigger (Date of first publication of notice to creditors under Prob. Code 19040): Monday, March 15, 2027.
- Add 16 months: Saturday, July 15, 2028.
- That day is a Saturday, so the deadline moves to the next court day: Monday, July 17, 2028 (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).
Notes
Trust counterpart of 9053 (omitted_creditor_pr_liability_petition_16_months). Also requires bad faith and no actual knowledge within one year after publication.
Related deadlines
- Creditor claim against deceased settlor's trust: 4 months after first publication (4 months after)
- Creditor claim against deceased settlor's trust: 60 days after actual notice (60 days after)
- Petition to file late creditor claim against trust (60 days after creditor's actual knowledge) (60 days after)
- Late creditor claim against trust: absolute outer limit (one year after first publication) (12 months after)
- Trust creditor may treat claim as rejected if trustee has not acted (30th day after filing) (30 days after)
- Suit (or referral) on rejected trust claim: 90 days after notice of rejection (90 days after)
- Suit on rejected trust claim not due at rejection: 90 days after claim becomes due (90 days after)
- Trust creditor claims: petition to approve settlement / allocation of claims (19020 et seq.): notice and petition at least 30 days before hearing (30 days before)
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.