FindLaw | Find a Lawyer. Find Answers.

• California Codes
  • California Code of Civil Procedure
    • CODE OF CIVIL PROCEDURE SECTION 366.1-366.3

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.



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) 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) Sections 12, 12a, and 12b of this code.
   (2) Part 4 (commencing with Section 9000) of Division 7 of the
Probate Code (creditor claims in administration of estates of
decedents).
   (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) Part 3 (commencing with Section 21300) of Division 11 of the
Probate Code (no contest clauses).
   (c) This section applies to actions brought on liabilities of
persons dying on or after January 1, 1993.



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 Part 3 (commencing with Section 21300) of Division 11 of the
Probate Code.
   (c) This section applies to actions brought on claims concerning
persons dying on or after the effective date of this section.