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 Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 of the Probate Code, and an action may be commenced by the decedent's personal representative or, if none, by the decedent's successor in interest.
§ 377.30.Commencement By Personal Representation Or Successor In Interest
Title 3. Of the Parties to Civil Actions · Chapter 4. Effect of Death · Article 3. Decedent's Cause of Action · Enacted 1992 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 377.30 provides that a surviving cause of action passes to the decedent's successor in interest subject to the Probate Code's procedures, and may be commenced by the decedent's personal representative or, if there is none, by the decedent's successor in interest.
Full Text of § 377.30
Plain-English Summary
Section 377.30 opens Article 3, which governs how the decedent's own cause of action -- a survival action -- gets started after death. The claim passes to the decedent's successor in interest, as § 377.11 defines that term, subject to Probate Code Chapter 1 (commencing with § 7000) of Part 1 of Division 7, which governs the administration of a decedent's estate.
Who files the lawsuit depends on whether an estate has been opened. If a personal representative has been appointed, that representative commences the action. If none has been appointed, the decedent's successor in interest may commence it directly, using the affidavit or declaration procedure § 377.32 requires to establish that status.
Frequently Asked Questions
Who can file a lawsuit on a decedent's own cause of action?
Section 377.30 allows the decedent's personal representative to commence the action or, if no personal representative has been appointed, the decedent's successor in interest may commence it instead.
Do I need to go through probate before suing on a decedent's claim?
The claim passes to the successor in interest subject to the Probate Code's estate-administration procedures, but § 377.32 lets a successor in interest proceed by affidavit or declaration rather than waiting for full probate administration, provided the required statements are true.
What kind of action does § 377.30 cover?
It covers the decedent's own surviving cause of action -- a survival action -- which is distinct from a wrongful death action the decedent's heirs bring in their own right under § 377.60.
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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