You are grieving. The last thing on your mind is a legal deadline. But in California, the deadlines in probate and estate law do not pause for grief, family disputes, or the time it takes to find a lawyer. Miss the window to contest a will, and you lose the right to challenge it regardless of the evidence. Miss the window to sue a trustee, and self-dealing that cost your family hundreds of thousands of dollars goes unaddressed. These are not technicalities. They are permanent outcomes, and California courts enforce them that way.
Whether you are a beneficiary who suspects something is wrong, a creditor owed money by someone who has passed, or an heir unsure about your rights, this article walks you through the time limits that govern California probate and estate law, which specific code sections control them, and why acting quickly is almost always in your best interest.
California gives you far less time than most legal claims allow. A general claim against someone who has died is usually barred one year after the date of death under Code of Civil Procedure Section 366.2, and that window can be even shorter once formal probate opens. A will contest must generally be filed within 120 days after the will is admitted to probate, and a trust contest within 120 days after the trustee’s notice. A claim that a trustee mishandled the trust generally runs three years from the accounting that disclosed the problem. Because more than one clock can run at once, the shortest one usually controls, so acting early matters.
Key Deadlines at a Glance
| Type of claim | Deadline | Statute |
| General claim against someone who has died | 1 year from the date of death | CCP 366.2 |
| Creditor claim in formal probate | 4 months from Letters, or 60 days from notice, whichever is later | Probate Code 9100 |
| Claim based on a promise to leave a distribution | 1 year from the date of death | CCP 366.3 |
| Will contest after the will is admitted to probate | 120 days from admission | Probate Code 8270 |
| Trust contest after the trustee’s notice | 120 days from service of the notice | Probate Code 16061.7, 16061.8 |
| Breach of trust by a trustee | 3 years from the accounting that disclosed the facts | Probate Code 16460 |
Why Probate Deadlines Are Different From Most Legal Time Limits
Most civil claims in California give you two or three years to act. Probate law gives you far less, and the consequences of missing a deadline are more severe. California’s shorter windows exist because the legislature designed probate for finality: close the estate, distribute the assets, and move on. What that means in practice is that a beneficiary with a strong claim who waits too long, or a creditor who was never properly notified, can be permanently shut out, not because a court ruled against them on the merits, but because a calendar page turned.
What makes this area treacherous is that multiple deadlines can run at the same time, and the shortest one controls. A creditor claim, a will contest, and a breach of trust claim arising from the same death can each carry a different deadline running from a different triggering event. Missing any one of them does not shorten your options. It eliminates them.
How Long Do You Have to File a Claim Against a California Estate?
Deadlines in California probate and estate matters depend on the type of claim and the stage of the estate administration. Some time limits begin at the date of death, while others begin only after probate is opened and formal notice is given. In many cases, more than one deadline may apply at the same time, and the shorter one will control.
The One-Year Hard Ceiling Under Code of Civil Procedure Section 366.2
The most fundamental rule is found in California Code of Civil Procedure Section 366.2. If a person dies and you have any kind of claim against them, whether it arose in contract, tort, or any other legal theory, you generally have one year from the date of death to bring that action. It does not matter that the regular statute of limitations on your underlying claim would have been longer. Death changes the calculation in many cases.
This one-year limit is strictly enforced and is rarely extended, with only limited statutory exceptions and tolling rules recognized under California law. Courts have consistently applied it without leniency, often barring otherwise valid claims that are filed only weeks late. The message from California courts is consistent. File within one year or risk losing the right to proceed.
The Even Shorter Window Once Probate Opens Under Probate Code Section 9100
If the estate goes through formal probate administration, the window tightens further. Under California Probate Code Section 9100, a creditor must file a claim before whichever of the following is later.
- Four months after the date letters are first issued to a general personal representative, or
- Sixty days after the date notice of administration is mailed or personally delivered to the creditor.
In practice, the four-month period from issuance of Letters is often the controlling deadline for many creditors. Miss it, and your claim is barred, even if the one-year period under Section 366.2 has not yet expired. Both rules operate simultaneously, and the shorter applicable deadline controls.
There is limited relief available. Under Probate Code Section 9103, a court may allow a late-filed claim if the personal representative failed to send proper notice of administration to a known or reasonably ascertainable creditor, or if the creditor did not have actual knowledge of the estate administration in time to file a timely claim. This relief is not automatic and requires a court petition, and in most cases the court will not grant relief after final distribution of the estate.
Claims Based on Promises or Agreements With the Decedent Under Code of Civil Procedure Section 366.3
A separate deadline applies to a specific and often overlooked category of claim. Under California Code of Civil Procedure Section 366.3, if your claim arises from a promise or agreement with the decedent to make a distribution from an estate, trust, or other testamentary arrangement, whether that promise was oral or written, you generally have one year from the date of death to bring the action. This covers palimony-type claims, oral promises to leave property to a caregiver, and similar arrangements. California courts treat this deadline as strict and rarely allow it to be extended. In Estate of Ziegler, the Court of Appeal held time-barred the claim of a decedent’s long-time caregivers who sought title to his home under a written agreement but filed about three weeks after the one-year deadline.
How Long Do You Have to Contest a Will in California?
Deadlines for contesting a will in California are strict and depend on when the will is admitted to probate, not when the decedent died or when you first learned about the will. In most cases, the controlling deadline is short and begins once the probate court formally accepts the will.
The 120-Day Window Under Probate Code Section 8270
If you believe a will is invalid because the testator lacked mental capacity, was subjected to undue influence, was defrauded, or because the document was improperly executed, you must act quickly. Under California Probate Code Section 8270, an interested person generally has 120 days from the date the will is admitted to probate to petition the court to revoke it.
The clock does not start from the date of death or from when you first learned about the will. It starts when the probate court formally admits the will, which often occurs at or shortly after the initial probate hearing. A will can remain unchallenged for months after death, and once it is admitted to probate, the 120-day window begins regardless of when you became aware of it.
The statute does provide a limited exception. A person who was a minor or legally incompetent without a guardian or conservator at the time the will was admitted to probate may petition to revoke probate at any time before the court enters its final distribution order. For everyone else, the 120-day deadline applies.
One more point is worth knowing. If you received actual notice of a will contest brought by another party and had a reasonable opportunity to participate but did not, Section 8270 may bar you from bringing a separate contest on the same grounds. Prior notice and failure to act can function as a waiver in certain circumstances.
What Are the Deadlines for Trust Contests and Trustee Claims?
Trust disputes follow a separate set of deadlines because many trusts avoid probate court entirely.
Contesting the Validity of a Trust
When a revocable trust becomes irrevocable upon the settlor’s death, the successor trustee must send a notice to beneficiaries and heirs under California Probate Code Section 16061.7. That notice triggers a deadline governed by Probate Code Section 16061.8. In most cases, you have 120 days from the date the notice is served to bring a trust contest. If you do not receive a complete copy of the trust with the initial notice but receive it later during that 120-day period, the deadline is extended to 60 days from the date you receive the trust documents, whichever is later. Once the applicable deadline under Section 16061.8 passes, trust contests are generally barred except in limited circumstances such as fraud or other equitable grounds.
Claims Against a Trustee for Breach of Trust
If you are a beneficiary who believes the trustee has mismanaged assets, breached fiduciary duties, failed to make proper distributions, or engaged in self-dealing, the deadline to take legal action against the trustee runs under California Probate Code Section 16460. The general limitation period is three years from the date you received a report or accounting that adequately disclosed the facts giving rise to the claim, or from other statutory triggering events. It is worth noting, however, that under Probate Code Sections 16461(c) through (e), if a trust instrument includes a valid provision requiring beneficiaries to object to items in a trustee accounting within a specified period, that period must be at least 180 days from receipt of the accounting. Any provision attempting to shorten that statutory minimum is unenforceable. If a beneficiary fails to submit a written objection within that 180-day window for items adequately disclosed in the accounting, they may be barred from contesting those specific items, even though the broader limitation period under Section 16460 may still apply to other claims raised in a timely objection.
What Happens If You Miss a Deadline?
Your claim is barred. Not reduced. Not delayed. Gone. California courts apply probate deadlines strictly, and the arguments that work in other areas of civil law, including lack of notice, ongoing negotiations, or simple mistake, rarely succeed here. The legislature designed these statutes to be final, and courts treat them that way.
The exceptions are real but narrow. Extrinsic fraud, meaning conduct that actually prevented you from participating in the proceeding or learning of your rights, can sometimes support a petition for relief. Minors and legally incompetent persons without guardians or conservators carry certain statutory protections. But these are litigated exceptions, not automatic relief. Courts scrutinize them closely and do not extend them to claimants who simply waited, assumed they had more time, or were focused on other things.
If you suspect something is wrong with a will, a trust, an estate accounting, or a distribution you never received, speak with an attorney now, not after you have gathered everything, not after the holidays, not after you have talked to other family members first. Every one of those delays is time the other side has to act, distribute assets, and make your claim harder to bring or harder to win.
Key Takeaways
- California law imposes multiple overlapping deadlines on probate and estate claims, and they are strictly enforced and rarely extendable.
- The general limitation period under CCP 366.2 is generally one year from the date of death, but it may be affected by limited statutory exceptions and is often effectively shortened in practice by creditor claim procedures in formal probate under Probate Code 9100.
- Will contests must generally be filed within 120 days of the will’s admission to probate under Probate Code 8270.
- Trust contests must generally be brought within 120 days after service of the trustee’s notice under Probate Code 16061.7 and 16061.8, subject to limited exceptions where required trust documents are not properly provided with the notice.
- Breach of trust claims generally carry a three-year limitation period under Probate Code 16460, measured from statutory triggering events such as receipt of a report or accounting that discloses the relevant facts, and may be affected by a 180-day objection period for items disclosed in a trustee accounting under Probate Code 16461(c) through (e).
- Missing any of these deadlines typically results in the loss of the right to bring the claim.
- When in doubt, act promptly. Waiting reduces available legal options.
Frequently Asked Questions
Q: Does the one-year deadline under CCP 366.2 apply even if I did not know the person had died?
A: Yes. California courts generally enforce CCP 366.2 strictly, and lack of knowledge of the death does not usually toll the one-year limitation period. This is one of the harshest aspects of California estate claims law, and it is why potential claimants are encouraged to act promptly once they learn of a death.
Q: What if the executor never sent me notice as a creditor?
A: If the personal representative failed to provide required notice to a known or reasonably ascertainable creditor, Probate Code Section 9103 may allow limited relief. You may petition the court for permission to file a late creditor claim, but relief is discretionary and subject to strict requirements. The request generally must be made within a short time after gaining actual knowledge of the estate administration, and relief is not available after final distribution of the estate.
Q: Can I contest a will before it is admitted to probate?
A: Yes. An interested person may file objections during the probate petition process before the will is admitted to probate. This allows the court to consider issues such as validity, capacity, or undue influence at the initial stage. Once the will is admitted, any challenge must proceed under the post-admission procedure in Probate Code Section 8270, which is subject to the 120-day limitation period.
Q: What if the trustee never sent me a formal notice under Probate Code 16061.7?
A: If the trustee fails to send the required statutory notice, the 120-day limitation period under Probate Code Section 16061.8 generally does not begin to run. However, once a beneficiary has actual knowledge of the trust and its material terms, delays in taking action may still be challenged under equitable doctrines such as laches.
Q: Does the 120-day will contest deadline apply to minors?
A: No. Under Probate Code Section 8270(b), if a person was a minor or legally incompetent without a guardian or conservator at the time the will was admitted to probate, they may petition to revoke probate at any time before the court enters its final distribution order.
Q: What is the deadline for challenging a trustee’s self-dealing or mismanagement?
A: Under Probate Code Section 16460, the general limitation period is three years from the date the beneficiary received a report or accounting that adequately disclosed the facts giving rise to the claim, or from other statutory triggering events. In addition, if a trustee provides an accounting and the trust instrument includes a valid provision requiring written objections within a specified period, that objection period must comply with statutory requirements, and failure to timely object to adequately disclosed items may bar claims relating to those specific items.
Q: What if I missed a deadline because I was misled by another family member?
A: Extrinsic fraud, meaning conduct that prevents a person from participating in a proceeding or asserting their rights, may provide grounds to seek relief even after a deadline has passed. These claims are highly fact specific and closely scrutinized by courts, and success is not guaranteed. It is important to seek legal advice as soon as the issue is discovered.
The Window to Act Is Already Closing
In California probate and estate law, the deadlines do not care about your circumstances. A will admitted to probate starts a 120-day clock whether you know about it or not. A trustee who begins distributing assets narrows your window with every transaction. A creditor claim period in formal probate can close in four months. By the time most people realize they have a claim worth pursuing, they have already lost time they cannot get back.
The Casiano Law Firm represents beneficiaries, heirs, and creditors in probate and trust disputes throughout Southern California. We know which deadlines apply to your situation, whether any exceptions exist, and what steps to take immediately to preserve your rights while a window is still open.
If you have a concern about a California estate or trust, act now. Contact the Casiano Law Firm before the next deadline passes.
