For the purposes of this chapter, "beneficiary of the decedent's estate" means:
§ 377.10.Beneficiary of the Decedent's Estate
Title 3. Of the Parties to Civil Actions · Chapter 4. Effect of Death · Article 1. Definitions · Enacted 1992 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 377.10 defines "beneficiary of the decedent's estate" as the sole beneficiary or all beneficiaries who inherit a cause of action or specific property under the decedent's will, or, absent a will, under California's intestate succession statutes or the law of another jurisdiction that governs succession.
Full Text of § 377.10
(a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action, under the decedent's will.
(b) If the decedent died without leaving a will, the sole person or all of the persons who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action, under Sections 6401 and 6402 of the Probate Code or, if the law of a sister state or foreign nation governs succession to the cause of action or particular item of property, under the law of the sister state or foreign nation.
Plain-English Summary
Section 377.10 supplies one of two foundational definitions this chapter builds on. When a decedent left a will, "beneficiary of the decedent's estate" means the sole beneficiary, or all the beneficiaries together, who succeed to a cause of action, or to a specific item of property that is the subject of a cause of action, under that will.
When the decedent died intestate, the term instead means the sole heir, or all the heirs together, who succeed to the cause of action or property under Probate Code §§ 6401 and 6402 -- California's intestate succession rules -- or, if a sister state's or foreign nation's law governs succession to that cause of action or property, under that jurisdiction's law instead.
This definition matters because it feeds directly into § 377.11's definition of "decedent's successor in interest," which in turn determines who may commence or continue litigation on the decedent's behalf under § 377.30.
Frequently Asked Questions
How is "beneficiary of the decedent's estate" defined if the decedent left a will?
Section 377.10(a) defines it as the sole beneficiary, or all the beneficiaries, who succeed to the cause of action or the specific property under the decedent's will.
How is the term defined if the decedent died without a will?
Section 377.10(b) looks to the sole heir, or all the heirs, who succeed to the cause of action or property under Probate Code §§ 6401 and 6402, or under the law of another jurisdiction if that jurisdiction's law governs succession.
Why does this definition matter for civil litigation?
It defines a term used throughout this chapter, including in § 377.11's definition of the decedent's successor in interest, who has standing to commence or continue a lawsuit on the decedent's behalf.
Amendment History
Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.
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: beneficiary of decedent estate california definitionwho inherits a lawsuit californiaintestate succession cause of action california