California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 2 — Of the Time of Commencing Civil Actions, Chapter 6 — Time of Commencement of Action After Person’s Death, Section 366.1

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) Six months after the person’s death.

(b) The limitations period that would have been applicable if the person had not died.

Notes

Extends the time to commence a surviving cause of action when the entitled person dies before the applicable limitations period expires. Allows filing until the later of six months after the person’s death or the date the otherwise applicable limitations period would have expired had the person remained alive.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 366.1 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-2/chapter-6/section-366-1

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