This article applies to the commencement on or after January 1, 1993, of an action or proceeding against the decedent's personal representative or successor in interest, or to the making of a motion on or after January 1, 1993, to continue a pending action or proceeding against the decedent's personal representative or successor in interest, regardless of whether the decedent died before, on, or after January 1, 1993.
§ 377.43.Effective Date of Article
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 377.43 applies Article 4 (claims against a decedent) to any action commenced, or motion to continue a pending action, on or after January 1, 1993 against the decedent's personal representative or successor in interest, regardless of when the decedent died.
Full Text of § 377.43
Plain-English Summary
Section 377.43 is Article 4's counterpart to § 377.35. It applies the article's procedures -- asserting a claim against a decedent's personal representative or successor in interest, and continuing a pending action against one of them -- based on when the action is commenced or the continuation motion is made, on or after January 1, 1993, without regard to when the decedent died.
Frequently Asked Questions
Does the date of the decedent's death control whether Article 4 applies?
No. Section 377.43 applies based on when the action is commenced or the continuation motion is made -- on or after January 1, 1993 -- regardless of whether the decedent died before, on, or after that date.
Does § 377.43 change the substantive rules in Article 4?
No. It only sets the article's applicability date; the substantive rules for asserting and continuing claims against a decedent are set out in §§ 377.40 through 377.42.
Does it matter whether the underlying claim arose long before 1993?
No. Section 377.43 looks to when the action is commenced or the continuation motion is made, on or after January 1, 1993, not to when the claim originally arose or when the decedent died.
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: effective date article 4 california civil procedureclaims against decedent effective date