Of the Time of Commencing Civil ActionsTime of Commencement of Action After Person’s Death

Section § 366.1

Explanation

If someone who has the right to start a lawsuit dies before their time to do so runs out, their lawsuit can still be started. The deadline to start the lawsuit is either six months after the person dies or until the original deadline they had before dying, whichever is later.

If a person entitled to bring an action dies before the expiration of the applicable limitations period, and the cause of action survives, an action may be commenced before the expiration of the later of the following times:
(a)CA Civil Procedure Code § 366.1(a) Six months after the person’s death.
(b)CA Civil Procedure Code § 366.1(b) The limitations period that would have been applicable if the person had not died.
limitations period cause of action survivor claims ...

Section § 366.2

Explanation

If someone you could have sued for a debt or a wrong dies, you have one year from their death to file a lawsuit, no matter what the usual time limit was. This one-year limit can't be extended or paused except in very specific cases mentioned, such as certain sections of the Probate Code about handling a deceased person's estate or debts. This rule is for people who died on or after January 1, 1993.

(a)CA Civil Procedure Code § 366.2(a) If a person against whom an action may be brought on a liability of the person, whether arising in contract, tort, or otherwise, and whether accrued or not accrued, dies before the expiration of the applicable limitations period, and the cause of action survives, an action may be commenced within one year after the date of death, and the limitations period that would have been applicable does not apply.
(b)CA Civil Procedure Code § 366.2(b) The limitations period provided in this section for commencement of an action shall not be tolled or extended for any reason except as provided in any of the following, where applicable:
(1)CA Civil Procedure Code § 366.2(b)(1) Sections 12, 12a, and 12b of this code.
(2)CA Civil Procedure Code § 366.2(b)(2) Part 4 (commencing with Section 9000) of Division 7 of the Probate Code (creditor claims in administration of estates of decedents).
(3)CA Civil Procedure Code § 366.2(b)(3) Part 8 (commencing with Section 19000) of Division 9 of the Probate Code (payment of claims, debts, and expenses from revocable trust of deceased settlor).
(4)CA Civil Procedure Code § 366.2(b)(4) Former Part 3 (commencing with Section 21300) of Division 11 of the Probate Code (no contest clauses), as that part read prior to its repeal by Chapter 174 of the Statutes of 2008.
(c)CA Civil Procedure Code § 366.2(c) This section applies to actions brought on liabilities of persons dying on or after January 1, 1993.
limitations period one-year deadline deceased person's liabilities ...

Section § 366.3

Explanation

If you have a claim based on a promise or agreement with someone who has passed away, that claim must be made within one year of their death. This time limit applies whether the agreement was spoken or written, and other usual time limits don't apply here. However, this one-year period won't be extended or paused for any other reason except under specific sections mentioned in the code. These rules apply to cases involving people who died after the law took effect.

(a)CA Civil Procedure Code § 366.3(a) If a person has a claim that arises from a promise or agreement with a decedent to distribution from an estate or trust or under another instrument, whether the promise or agreement was made orally or in writing, an action to enforce the claim to distribution may be commenced within one year after the date of death, and the limitations period that would have been applicable does not apply.
(b)CA Civil Procedure Code § 366.3(b) The limitations period provided in this section for commencement of an action shall not be tolled or extended for any reason except as provided in Sections 12, 12a, and 12b of this code, and former Part 3 (commencing with Section 21300) of Division 11 of the Probate Code, as that part read prior to its repeal by Chapter 174 of the Statutes of 2008.
(c)CA Civil Procedure Code § 366.3(c) This section applies to actions brought on claims concerning persons dying on or after the effective date of this section.
claim against estate distribution promise oral agreement with decedent ...