On motion, the court shall allow a pending action or proceeding against the decedent that does not abate to be continued against the decedent's personal representative or, to the extent provided by statute, against the decedent's successor in interest, except that the court may not permit an action or proceeding to be continued against the personal representative unless proof of compliance with Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims is first made.
§ 377.41.Continuance 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 377.41 requires the court, on motion, to allow a pending action against a decedent that does not abate to be continued against the personal representative or successor in interest, but bars continuation against the personal representative until proof of compliance with the Probate Code's creditor-claims procedure is shown.
Full Text of § 377.41
Plain-English Summary
Section 377.41 handles the case where the decedent was already being sued when death occurred. On motion, the court must allow the pending action or proceeding to continue against the decedent's personal representative or, to the extent a statute allows it, against the decedent's successor in interest.
There is an important gate on continuing against the personal representative specifically: the court may not permit that continuation unless proof of compliance with the Probate Code's creditor-claims procedure in § 9000 et seq. is first made. That requirement keeps civil litigation against an estate lined up with the probate court's own process for presenting and resolving claims against the estate.
Frequently Asked Questions
Can a pending lawsuit against someone continue after that defendant dies?
Yes. Section 377.41 requires the court, on motion, to allow the pending action to continue against the decedent's personal representative or, where a statute permits it, the decedent's successor in interest.
Is there anything the plaintiff has to show before continuing the case against the personal representative?
Yes. Section 377.41 bars the court from allowing continuation against the personal representative until proof of compliance with the Probate Code's creditor-claims procedure under § 9000 et seq. is made.
What is the point of requiring proof of compliance with the creditor-claims procedure first?
It keeps the civil action from outrunning the probate process, ensuring the claimant has properly presented the claim to the estate before a court allows the lawsuit to continue against the personal representative.
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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