Purchaser defaulted after confirmation: petition to vacate confirmation and confirm to new high bidder within 60 days after confirmation
60 days after date the order confirming the original sale was made, under Cal. Prob. Code 10351(a)(1), (c).
Rule text
(a) The court may vacate the order of confirmation of a sale of real or personal property and make an order confirming the sale to the new high bidder if both of the following requirements are satisfied: (1) A petition is filed within 60 days after confirmation of the sale showing that (A) the purchaser at the sale has failed to complete the purchase and (B) a bid has been made for the property in the same or a higher amount, on the same or better terms, and in the manner prescribed in the original notice of sale. ... (c) If the report and petition for confirmation of the second sale are not filed within 60 days of the confirmation of the first sale, the property may be resold only in the manner provided in Section 10350.
Calculate this deadline
- Trigger (Date the order confirming the original sale was made): Friday, November 6, 2026.
- Exclude the trigger day and count 60 calendar days: Tuesday, January 5, 2027.
Cal. Prob. Code 10351(a)(1), (c)
(a) The court may vacate the order of confirmation of a sale of real or personal property and make an order confirming the sale to the new high bidder if both of the following requirements are satisfied: (1) A petition is filed within 60 days after confirmation of the sale showing that (A) the purchaser at the sale has failed to complete the purchase and (B) a bid has been made for the property in the same or a higher amount, on the same or better terms, and in the manner prescribed in the original notice of sale. ... (c) If the report and petition for confirmation of the second sale are not filed within 60 days of the confirmation of the first sale, the property may be resold only in the manner provided in Section 10350.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
- Notice per 1220 plus copy to buyers and brokers named in the confirmation order (10351(b)). Amended by Stats. 1992, ch. 871.
- 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 the order confirming the original sale was made on Monday, March 15, 2027, personal service: due Friday, May 14, 2027.
- Trigger (Date the order confirming the original sale was made): Monday, March 15, 2027.
- Exclude the trigger day and count 60 calendar days: Friday, May 14, 2027.
Notes
Notice per 1220 plus copy to buyers and brokers named in the confirmation order (10351(b)). Amended by Stats. 1992, ch. 871.
Related deadlines
- Notice of sale of estate personal property by posting (at least 15 days before sale date) (15 days before)
- Private sale of estate personal property: must be made no later than one year after the day stated in the notice of sale (12 months after)
- Private sale of estate real property: must be made no later than one year after the day stated in the notice of sale (12 months after)
- Estate real property appraised at $5,000 or less: posted notice of sale (in lieu of publication) at least 15 days before sale date or auction (15 days before)
- Private sale of estate real property: appraisal (and valuation date) must be within one year before the confirmation hearing (12 months before)
- Petition to fix administration expenses chargeable to encumbered property sold (10361.5): serve notice and petition on lienholders, brokers and PR at least 30 days before hearing (30 days before)
- Action by heir to recover property sold by personal representative on claim sale is void: 3 years after settlement of final account (or discovery of fraud, if later) (36 months after)
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.