In the event of the death of any person who would, if still alive, have a right of appeal, either the attorney of record representing the decedent in the court in which the judgment was rendered, or the executor or administrator of the estate of the decedent, may file a notice of appeal therefrom within the time within which the decedent could have filed such a notice if he had survived.
§ 903.Death of Person With Right of Appeal
Title 13. Appeals In Civil Actions · Chapter 1. Appeals in General · Enacted 1968 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 903 lets the attorney of record or the executor or administrator of a deceased person's estate file a notice of appeal on that person's behalf, within the same time the decedent would have had to file it, when the person dies after becoming entitled to appeal.
Full Text of § 903
Plain-English Summary
Death doesn't erase a right to appeal that had already accrued — this section makes sure someone can still exercise it. If a person who would have had the right to appeal dies before filing, either the attorney of record who represented that person in the trial court, or the executor or administrator of the decedent's estate, may file the notice of appeal in the decedent's place.
The deadline doesn't reset or extend because of the death. Whoever files on the decedent's behalf must still do so within the same time period the decedent would have had to file it while still alive — the statute substitutes who may act, not how long they have to act.
Frequently Asked Questions
What happens to a right to appeal when the person entitled to appeal dies?
Section 903 lets the attorney of record or the decedent's executor or administrator file the notice of appeal on the decedent's behalf.
Does the deadline to appeal change because the person died?
No. The notice must still be filed within the same time the decedent would have had to file it had the decedent survived.
Who besides the estate's representative can file the notice of appeal after death?
The attorney of record who represented the decedent in the court where the judgment was rendered.
Amendment History
Added by Stats. 1968, Ch. 385.
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: appeal after death of party californianotice of appeal decedent's estate