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 date of the order settling the personal representative's final account (or date fraud discovered, if later), under Cal. Prob. Code 10382.
Rule text
(a) No action for the recovery of property sold by a personal representative on the claim that the sale is void may be maintained by an heir or other person claiming under the decedent unless the action is commenced within whichever of the following is the later time: (1) Three years after the settlement of the final account of the personal representative. (2) Three years after the discovery of any fraud upon which the action is based. (b) The limitation established by subdivision (a) is not tolled for any reason.
Calculate this deadline
- Trigger (Date of the order settling the personal representative's final account (or date fraud discovered, if later)): Friday, November 6, 2026.
- Add 36 months: Tuesday, November 6, 2029.
Cal. Prob. Code 10382
(a) No action for the recovery of property sold by a personal representative on the claim that the sale is void may be maintained by an heir or other person claiming under the decedent unless the action is commenced within whichever of the following is the later time: (1) Three years after the settlement of the final account of the personal representative. (2) Three years after the discovery of any fraud upon which the action is based. (b) The limitation established by subdivision (a) is not tolled for any reason.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
- Not tolled for any reason. Enacted by Stats. 1990, ch. 79.
- 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 the order settling the personal representative's final account (or date fraud discovered, if later) on Monday, March 15, 2027, personal service: due Friday, March 15, 2030.
- Trigger (Date of the order settling the personal representative's final account (or date fraud discovered, if later)): Monday, March 15, 2027.
- Add 36 months: Friday, March 15, 2030.
Notes
Not tolled for any reason. Enacted by Stats. 1990, ch. 79.
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)
- Purchaser defaulted after confirmation: petition to vacate confirmation and confirm to new high bidder within 60 days after confirmation (60 days after)
- 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)
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.