When a plaintiff chooses to pursue their claim against the deceased defendant in this way, they must also show compliance with Part 4 of Division 7 of the California Probate Code governing creditor claims.
This is found in California Code of Civil Procedure section 377.40 through 377.43. One of the two ways a plaintiff may choose to continue an action is by proceeding against the deceased defendant’s personal representative or against the deceased defendant’s successor in interest.
Specifically, when a defendant dies while a personal injury lawsuit is pending, the Plaintiff must choose to proceed under one of two methods. When a defendant dies during litigation, there are specific procedural requirements that allow a plaintiff to continue the case.
