CHAPTER 4. Effect of Death [377.10. - 377.62.]

Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20.

§§ 377.10–377.62 · 19 sections

1. ARTICLE 1. Definitions §§ 377.10–377.11 · 2 sections

   • § 377.10 For the purposes of this chapter, “beneficiary of the decedent’s estate” means: (a) If the decedent died leaving a will, the sole beneficiary or all of the…
   • § 377.11 For the purposes of this chapter, “decedent’s successor in interest” means the beneficiary of the decedent’s estate or other successor in interest who succeeds…
2. ARTICLE 2. Survival and Continuation §§ 377.20–377.22 · 3 sections

   • § 377.20 (a) Except as otherwise provided by statute, a cause of action for or against a person is not lost by reason of the person’s death, but survives subject to the…
   • § 377.21 A pending action or proceeding does not abate by the death of a party if the cause of action survives.
   • § 377.22 Nothing in this chapter shall be construed as affecting the assignability of causes of action.
3. ARTICLE 3. Decedent’s Cause of Action §§ 377.30–377.35 · 6 sections

   • § 377.30 A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent’s successor in interest, subject to…
   • § 377.31 On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be…
   • § 377.32 (a) The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent’s successor in interest under this…
   • § 377.33 The court in which an action is commenced or continued under this article may make any order concerning parties that is appropriate to ensure proper…
   • § 377.34 (a) In an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable are…
   • § 377.35 On or after January 1, 1993, this article applies to the commencement of an action or proceeding the decedent was entitled to commence, and to the continuation…
4. ARTICLE 4. Cause of Action Against Decedent §§ 377.40–377.43 · 4 sections

   • § 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…
   • § 377.41 On motion, the court shall allow a pending action or proceeding against the decedent that does not abate to be continued against the decedent’s personal…
   • § 377.42 In an action or proceeding against a decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, on…
   • § 377.43 This article applies to the commencement on or after January 1, 1993, of an action or proceeding against the decedent’s personal representative or successor in…
5. ARTICLE 5. Insured Claims § 377.50 · 1 section

   • § 377.50 An action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued against the decedent’s estate…
6. ARTICLE 6. Wrongful Death §§ 377.60–377.62 · 3 sections

   • § 377.60 A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the…
   • § 377.61 In an action under this article, damages may be awarded that, under all the circumstances of the case, may be just, but may not include damages recoverable…
   • § 377.62 (a) An action under Section 377.30 may be joined with an action under Section 377.60 arising out of the same wrongful act or neglect. (b) An action under…