Code of Civil Procedure section 377.41

On motion, the court shall allow a pending action or proceeding against the decedent that does not abate to be continued against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, except that the court may not permit an action or proceeding to be continued against the personal representative unless proof of compliance with Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims is first made.

Source: Section 377.41, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=CCP§ionNum=377.­41.­ (updated Jan. 1, 1993; accessed Dec. 29, 2025).

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Verified:
Dec. 29, 2025

§ 377.41's source at ca​.gov