Subject to Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims, a cause of action against a decedent that survives may be asserted against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest.
Effect of DeathCause of Action Against Decedent
Section § 377.40
If someone has a legal claim against a person who's passed away, they can pursue this claim against the estate's executor or the person who inherits from the deceased, according to specific rules.
creditor claims decedent survivor actions
Section § 377.41
If someone has a lawsuit or legal process against a person who has passed away, the court can allow it to continue against the person managing the deceased’s estate, like a personal representative, or maybe against whoever inherits from them. However, the court requires proof that certain rules about creditor claims have been followed before allowing the case to proceed against the personal representative.
On motion, the court shall allow a pending action or proceeding against the decedent that does not abate to be continued against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, except that the court may not permit an action or proceeding to be continued against the personal representative unless proof of compliance with Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims is first made.
decedent personal representative pending action
Section § 377.42
If you're suing the person handling the estate of someone who's passed away, or perhaps someone who inherited from them, you can generally seek the same damages you could have if the person were still alive. However, you can't ask for extra punishment money, like punitive damages, in this situation.
In an action or proceeding against a decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, on a cause of action against the decedent, all damages are recoverable that might have been recovered against the decedent had the decedent lived except damages recoverable under Section 3294 of the Civil Code or other punitive or exemplary damages.
decedent's personal representative succession estate claims
Section § 377.43
This law states that starting January 1, 1993, if someone wants to sue or continue a lawsuit against a person who has died, they can do so against the deceased person's representative or someone who has taken their place. This applies no matter when the person actually passed away, whether before or after January 1, 1993.
This article applies to the commencement on or after January 1, 1993, of an action or proceeding against the decedent’s personal representative or successor in interest, or to the making of a motion on or after January 1, 1993, to continue a pending action or proceeding against the decedent’s personal representative or successor in interest, regardless of whether the decedent died before, on, or after January 1, 1993.
decedent's personal representative successor in interest commencement of action
