California § 377.41. 377.41. (Added by Stats. 1992, Ch. 178, Sec. 20.)

California Statutes

§ 377.41. — 377.41. (Added by Stats. 1992, Ch. 178, Sec. 20.)

California § 377.41.

JurisdictionCalifornia

Code CCPCode of Civil Procedure - CCP

Title3.

Part 2.TITLE 3. OF THE PARTIES TO CIVIL ACTIONS

Ch. 4.CHAPTER 4. Effect of Death

Art. 4.ARTICLE 4. Cause of Action Against Decedent

This text of California § 377.41. (377.41. (Added by Stats. 1992, Ch. 178, Sec. 20.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Code of Civil Procedure - CCP Code § 377.41. (2026).

Text

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 representative or, to the extent provided by statute, against the decedent’s successor in interest, except that the court may not permit an action or proceeding to be continued against the personal representative unless proof of compliance with Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims is first made.

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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 representative or, to the extent provided by statute, against the decedent’s successor in interest, except that the court may not permit an action or proceeding to be continued against the personal representative unless proof of compliance with Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims is first made.