Suit (or referral) on rejected trust claim: 90 days after notice of rejection

90 days after date notice of rejection was given (or the 19254 deemed-rejection date), under Cal. Prob. Code 19255(a)(1), (c).

Rule text

A rejected claim is barred as to the part rejected unless the creditor brings an action on the claim or the matter is referred to a referee or to arbitration within the following times, excluding any time during which there is a vacancy in the office of the trustee: (1) If the claim is due at the time of giving the notice of rejection, 90 days after the notice is given.

Cal. Prob. Code 19255(a)(1), (c), official source

Calculate this deadline

Deadline
Thursday, February 4, 2027
  1. Trigger (Date notice of rejection was given (or the 19254 deemed-rejection date)): Friday, November 6, 2026.
  2. Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
Rules applied
Cal. Prob. Code 19255(a)(1), (c)
A rejected claim is barred as to the part rejected unless the creditor brings an action on the claim or the matter is referred to a referee or to arbitration within the following times, excluding any time during which there is a vacancy in the office of the trustee: (1) If the claim is due at the time of giving the notice of rejection, 90 days after the notice is given.
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
  • Excludes time during any trustee vacancy (not modeled). Creditor must also file a notice of pendency of the action in the trust proceeding with proof of 1215 delivery to the trustee (19255(c)). No CCP 1013 extension assumed (same conservative treatment as existing claim_rejection_suit). If the claim is not yet due, use trust_rejected_claim_suit_not_yet_due.
  • 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 notice of rejection was given (or the 19254 deemed-rejection date) on Monday, March 15, 2027, personal service: due Monday, June 14, 2027.

  1. Trigger (Date notice of rejection was given (or the 19254 deemed-rejection date)): Monday, March 15, 2027.
  2. Exclude the trigger day and count 90 calendar days: Sunday, June 13, 2027.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, June 14, 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).

Notes

Excludes time during any trustee vacancy (not modeled). Creditor must also file a notice of pendency of the action in the trust proceeding with proof of 1215 delivery to the trustee (19255(c)). No CCP 1013 extension assumed (same conservative treatment as existing claim_rejection_suit). If the claim is not yet due, use trust_rejected_claim_suit_not_yet_due.

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.