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.

(Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)

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Terms Used In California Code of Civil Procedure 377.40

  • Decedent: A deceased person.
  • Probate: Proving a will
  • Statute: A law passed by a legislature.