Subject to Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims, a cause of action against a decedent that survives may be asserted against the decedent's personal representative or, to the extent provided by statute, against the decedent's successor in interest.
§ 377.40.Assertion of Action Against Personal Representative Or Successor In Interest
Title 3. Of the Parties to Civil Actions · Chapter 4. Effect of Death · Article 4. Cause of Action Against Decedent · Enacted 1992 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 377.40 provides that a surviving cause of action against a decedent may be asserted against the decedent's personal representative or, where a statute allows it, against the decedent's successor in interest, subject to the Probate Code's creditor-claims procedure.
Full Text of § 377.40
Plain-English Summary
Section 377.40 opens Article 4, the mirror image of Article 3 -- instead of the decedent's own claim, this article governs a claim someone else holds against the decedent. A surviving cause of action against a decedent can be asserted against the personal representative of the decedent's estate or, to the extent a statute allows it, against the decedent's successor in interest.
That right is subject to Probate Code Part 4 (commencing with § 9000) of Division 7, which governs how creditors present claims against a decedent's estate. A claimant cannot bypass that creditor-claims framework because Article 4 lets the claim be asserted in a civil action.
Frequently Asked Questions
Can I sue a deceased person's estate directly for a claim against them?
Not directly against the deceased person, but § 377.40 lets the claim be asserted against the decedent's personal representative, or, where a statute permits it, against the decedent's successor in interest.
Does probate law affect how this claim can be brought?
Yes. Section 377.40 makes the claim subject to the creditor-claims procedure in Probate Code § 9000 et seq., which governs how claims against a decedent's estate must be presented.
Can a claim against a decedent be asserted against anyone connected to the estate?
No. Section 377.40 limits assertion of the claim to the decedent's personal representative or, where a statute allows it, the decedent's successor in interest.
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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