(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.
§ 366.3.Action to Enforce Claim of Distribution From Decedent's Estate Or Trust
Title 2. Of the Time of Commencing Civil Actions · Chapter 6. Time of Commencement of Action After Person's Death · Last amended 2010 · Last verified July 28, 2026
In one sentenceSection 366.3 gives one year after a decedent's death to bring an action enforcing a promise or agreement for distribution from the decedent's estate or trust, with tolling limited to a narrower list of provisions than § 366.2 allows.
Full Text of § 366.3
(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.
Plain-English Summary
Section 366.3 covers claims based on a promise or agreement with a decedent to distribute property from an estate, a trust, or under another instrument — whether that promise or agreement was oral or written. 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 otherwise have applied does not apply.
As with § 366.2, this one-year period resists extension. Subdivision (b) allows tolling only under §§ 12, 12a, and 12b of this code, and the former no-contest-clause provisions of the Probate Code as they read before their 2008 repeal — it does not carry over the Probate Code creditor-claims tolling that § 366.2 allows.
The section applies to claims concerning persons who die on or after its effective date.
Frequently Asked Questions
How long do I have to sue over a promised inheritance after someone dies?
Section 366.3 gives one year after the date of death to bring an action enforcing a promise or agreement for distribution from the decedent's estate or trust.
Does an oral promise about an inheritance count under § 366.3?
Yes. The section covers a promise or agreement made either orally or in writing.
Can the one-year period under § 366.3 be tolled?
Only under §§ 12, 12a, and 12b of this code and the former Probate Code no-contest-clause provisions as they read before their 2008 repeal — no other tolling applies.
Amendment History
Amended by Stats 2009 ch 348 (SB 308),s 3, eff. 1/1/2010. Amended by Stats 2006 ch 221 (AB 2864),s 2, eff. 1/1/2007. Added by Stats 2000 ch 17 (AB 1491), s 1, eff. 1/1/2001.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: claim against estate for promised distribution californiaone year deadline inheritance promise lawsuit