California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 3 — Of the Parties to Civil Actions, Chapter 4 — Effect of Death, Article 4 — Cause of Action Against Decedent, Section 377.40

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.

Notes

Allows a surviving cause of action against a decedent to be asserted against the decedent’s personal representative, subject to Probate Code creditor-claim requirements, or against the decedent’s successor in interest to the extent a statute authorizes. The provision does not eliminate the referenced creditor-claim prerequisites.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 377.40 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-3/chapter-4/article-4/section-377-40

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