Effect of DeathDefinitions

Section § 377.10

Explanation

This law defines who is considered a "beneficiary of the decedent’s estate" for legal purposes. If the person who passed away had a will, the beneficiary is the person or people named in the will to receive the legal claims or property in question. If there was no will, the beneficiary is determined by specific rules in the Probate Code or by the laws of other states or countries if applicable.

For the purposes of this chapter, “beneficiary of the decedent’s estate” means:
(a)CA Civil Procedure Code § 377.10(a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action, under the decedent’s will.
(b)CA Civil Procedure Code § 377.10(b) If the decedent died without leaving a will, the sole person or all of the persons who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action, under Sections 6401 and 6402 of the Probate Code or, if the law of a sister state or foreign nation governs succession to the cause of action or particular item of property, under the law of the sister state or foreign nation.
decedent's estate beneficiary will ...

Section § 377.11

Explanation

This law explains who counts as a 'successor in interest' when a person has passed away. It refers to someone who inherits a claim or item from the deceased person's estate, which is relevant in a legal action.

For the purposes of this chapter, “decedent’s successor in interest” means the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action.
successor in interest decedent's estate beneficiary ...