Petitioner whose nominee was not appointed: earliest date to petition for compensation and costs (90 days after letters issue)

90 days after date letters issued to the conservator who was appointed, under Cal. Prob. Code 2640.1(a).

Rule text

(a) If a person has petitioned for the appointment of a particular conservator and another conservator was appointed while the petition was pending, but not before the expiration of 90 days from the issuance of letters, the person who petitioned for the appointment of a conservator but was not appointed and that person's attorney may petition the court for an order fixing and allowing compensation and reimbursement of costs, provided that the court determines that the petition was filed in the best interests of the conservatee.

Cal. Prob. Code 2640.1(a), official source

Calculate this deadline

Deadline
Friday, February 5, 2027
  1. Trigger (Date letters issued to the conservator who was appointed): Friday, November 6, 2026.
  2. Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
  3. The period includes its last day, so the earliest day to act is the next court day: Friday, February 5, 2027.
Rules applied
Cal. Prob. Code 2640.1(a)
(a) If a person has petitioned for the appointment of a particular conservator and another conservator was appointed while the petition was pending, but not before the expiration of 90 days from the issuance of letters, the person who petitioned for the appointment of a conservator but was not appointed and that person's attorney may petition the court for an order fixing and allowing compensation and reimbursement of costs, provided that the court determines that the petition was filed in the best interests of the conservatee.
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
  • Earliest date. Amended by Stats. 2006, ch. 493.
  • 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 letters issued to the conservator who was appointed on Monday, March 15, 2027, personal service: due Tuesday, June 15, 2027.

  1. Trigger (Date letters issued to the conservator who was appointed): 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).
  4. The period includes its last day, so the earliest day to act is the next court day: Tuesday, June 15, 2027.

Notes

Earliest date. Amended by Stats. 2006, ch. 493.

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.