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California Code, Probate Code - PROB § 9370

Current as of January 01, 2023 | Updated by FindLaw Staff

(a) An action or proceeding pending against the decedent at the time of death may not be continued against the decedent's personal representative unless all of the following conditions are satisfied:

(1) A claim is first filed as provided in this part.

(2) The claim is rejected in whole or in part.

(3) Within three months after the notice of rejection is given, the plaintiff applies to the court in which the action or proceeding is pending for an order to substitute the personal representative in the action or proceeding. This paragraph applies only if the notice of rejection contains a statement that the plaintiff has three months within which to apply for an order for substitution.

(b) No recovery shall be allowed in the action against property in the decedent's estate unless proof is made of compliance with this section.

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Cite this article: FindLaw.com - California Code, Probate Code - PROB § 9370 - last updated January 01, 2023 | https://codes.findlaw.com/ca/probate-code/prob-sect-9370.html

Read this complete California Code, Probate Code - PROB § 9370 on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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