Code of Civil Procedure § 377.10 – Definitions for Survival and Wrongful Death Actions
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Code of Civil Procedure § 377.10 – Definitions for Survival and Wrongful Death Actions
Code of Civil Procedure – CCP
PART 2. OF CIVIL ACTIONS [307 – 1062.34]
( Part 2 enacted 1872. )
TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 – 389.5]
( Title 3 enacted 1872. )
CHAPTER 4. Effect of Death [377.10 – 377.62]
( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. )
ARTICLE 1. Definitions [377.10 – 377.11]
( Article 1 added by Stats. 1992, Ch. 178, Sec. 20. )
California Law
377.10.
For the purposes of this chapter, “beneficiary of the decedent’s estate” means:
(a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action, under the decedent’s will.
(b) If the decedent died without leaving a will, the sole person or all of the persons who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action, under Sections 6401 and 6402 of the Probate Code or, if the law of a sister state or foreign nation governs succession to the cause of action or particular item of property, under the law of the sister state or foreign nation.
(Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
California Law Summary
This statute provides a straightforward definition used throughout the wrongful death and survival action provisions of the California Code of Civil Procedure.
Definition:
“Decedent” means a person whose death gives rise to a cause of action for wrongful death under CCP § 377.60, or whose cause of action survives under CCP § 377.30 (survival actions).
Purpose
To clarify the term “decedent” as it applies specifically within the legal context of wrongful death and survival statutes in California civil law.
Application
The term is foundational in determining who the subject of a wrongful death or survival claim is and helps define the roles of those (heirs, representatives, or successors) who may legally act on their behalf in civil litigation.
