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 to a cause of action or to a particular item of the property that is the subject of a cause of action.
§ 377.11.Decedent's Successor In Interest
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 377.11 defines "decedent's successor in interest" as the beneficiary of the decedent's estate, as § 377.10 defines that term, or any other successor in interest who inherits a cause of action or a specific item of property that is the subject of a cause of action.
Full Text of § 377.11
Plain-English Summary
Section 377.11 builds directly on § 377.10. It defines "decedent's successor in interest" as the beneficiary of the decedent's estate -- under the will or intestacy definition § 377.10 sets out -- or, more broadly, any other successor in interest who inherits the cause of action or the specific property at issue.
This is the operative term used throughout the rest of the Effect of Death chapter. Section 377.30 lets a decedent's cause of action be commenced by the decedent's personal representative or, if none has been appointed, by the decedent's successor in interest as this section defines it, and § 377.32 requires that successor to file a sworn affidavit or declaration establishing standing under this definition before proceeding.
Frequently Asked Questions
What does "decedent's successor in interest" mean under this chapter?
Section 377.11 defines it as the beneficiary of the decedent's estate, as § 377.10 defines that term, or any other successor in interest who succeeds to the cause of action or the property it concerns.
Why does this definition matter if there is no personal representative for the estate?
Section 377.30 allows the decedent's successor in interest, as defined here, to commence an action on the decedent's behalf when no personal representative has been appointed.
Do I need to prove I qualify as a successor in interest before suing on a decedent's claim?
Yes. Section 377.32 requires the person proceeding as the decedent's successor in interest to file an affidavit or declaration establishing that status as this section defines it.
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
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