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 366.3

(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) 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) This section applies to actions brought on claims concerning persons dying on or after the effective date of this section.

Notes

Sets a one-year period after death to enforce a claim based on a decedent’s oral or written promise or agreement for a distribution from an estate, trust, or other instrument, replacing the otherwise applicable period. Bars tolling or extension except under the listed provisions and applies to claims concerning persons dying on or after the provision’s effective date.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 366.3 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-2/chapter-6/section-366-3

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