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

Cal. Prob. Code 19053(b)(3), official source

Calculate this deadline

Deadline
Monday, March 6, 2028
  1. Trigger (Date of first publication of notice to creditors under Prob. Code 19040): Friday, November 6, 2026.
  2. Add 16 months: Monday, March 6, 2028.
Rules applied
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 the
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
  • 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.

  1. Trigger (Date of first publication of notice to creditors under Prob. Code 19040): Monday, March 15, 2027.
  2. Add 16 months: Saturday, July 15, 2028.
  3. 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

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.