An action to establish the decedent's liability for which the decedent was protected by insurance may be commenced or continued against the decedent's estate as provided in Chapter 1 (commencing with Section 550) of Part 13 of Division 2 of the Probate Code.
§ 377.50.Action to Establish Decedent's Liability For Which Decedent Protected By Insurance
Title 3. Of the Parties to Civil Actions · Chapter 4. Effect of Death · Article 5. Insured Claims · Enacted 1992 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 377.50 lets a claimant establish a decedent's liability that was covered by insurance through an action commenced or continued against the estate under the Probate Code's insurance-claim procedure, separate from the general creditor-claims process.
Full Text of § 377.50
Plain-English Summary
Section 377.50 addresses a specific situation: the decedent carried liability insurance for the very claim being asserted. Rather than routing that claim exclusively through the general creditor-claims process in Probate Code § 9000 et seq. described in §§ 377.40 and 377.41, this section lets the claimant commence or continue an action to establish the decedent's liability against the estate under the separate insurance-claim procedure in Probate Code Chapter 1 (commencing with § 550) of Part 13 of Division 2.
That distinct procedure exists because an insured claim differs in kind from an ordinary creditor claim -- the point of the action is typically to establish liability so the claimant can reach the available insurance proceeds, not to compete with the estate's other creditors for a share of the estate's own assets.
Frequently Asked Questions
Can I sue a deceased person's estate to establish liability that was covered by insurance?
Yes. Section 377.50 allows an action to establish the decedent's liability, where the decedent was protected by insurance, to be commenced or continued against the estate under the Probate Code's insurance-claim procedure.
Is this the same procedure as the general creditor-claims process in §§ 377.40 and 377.41?
No. Section 377.50 points to a distinct procedure in Probate Code § 550 et seq. designed for insured claims, rather than the general creditor-claims process in Probate Code § 9000 et seq.
Is recovery under § 377.50 limited to the available insurance proceeds?
Section 377.50 does not itself state a recovery limit; it identifies the Probate Code § 550 et seq. procedure for establishing the decedent's insured liability, with that procedure's own terms governing the scope of recovery.
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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