Code of Civil Procedure § 377.11 – Definition of “Decedent”
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Code of Civil Procedure § 377.11 – Definition of “Decedent”
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
377.11.
For the purposes of this chapter, “decedent’s successor in interest” means the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action.
(Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
California Law Summary
This statute defines who qualifies as a “successor in interest” for the purpose of continuing or initiating a legal action after a person’s death when no personal representative has been appointed.
Key Definition:
A “successor in interest” is the beneficiary or heir of the decedent’s estate who succeeds to the decedent’s interest in a cause of action or to a portion of the estate that includes the cause of action.
Purpose
To establish who is legally authorized to act on behalf of a deceased person’s estate in the absence of a formal probate representative. This enables timely pursuit of claims without the need to initiate full probate proceedings.
Application
In survival actions under CCP § 377.30, a successor in interest may step in to bring or continue a personal injury or related claim that the decedent could have filed if they had lived. The individual must typically file an Affidavit of Successor in Interest (per CCP § 377.32) to assert this right.
