§ 366.2.Death of Person Against Whom Action Brought Before Expiration of Limitations Period

Title 2. Of the Time of Commencing Civil Actions · Chapter 6. Time of Commencement of Action After Person's Death · Last amended 2010 · Last verified July 28, 2026

In one sentenceSection 366.2 gives a one-year period after a defendant's death to commence a surviving action, overriding whatever limitations period would otherwise have applied, with tolling limited to a short, specific list of provisions.

Full Text of § 366.2

Text sizeJump to: (a) (b) (c)

(a) If a person against whom an action may be brought on a liability of the person, whether arising in contract, tort, or otherwise, and whether accrued or not accrued, dies before the expiration of the applicable limitations period, and the cause of action survives, an action may be commenced within one year after the date of death, and the limitations period that would have been applicable does not apply.

(b) The limitations period provided in this section for commencement of an action shall not be tolled or extended for any reason except as provided in any of the following, where applicable:

(1) Sections 12, 12a, and 12b of this code.

(2) Part 4 (commencing with Section 9000) of Division 7 of the Probate Code (creditor claims in administration of estates of decedents).

(3) Part 8 (commencing with Section 19000) of Division 9 of the Probate Code (payment of claims, debts, and expenses from revocable trust of deceased settlor).

(4) Former Part 3 (commencing with Section 21300) of Division 11 of the Probate Code (no contest clauses), as that part read prior to its repeal by Chapter 174 of the Statutes of 2008.

End

Plain-English Summary

Section 366.2 covers the reverse situation from § 366.1: the person who could be sued dies before the applicable limitations period runs out. If the underlying cause of action survives the death, an action may be commenced within one year after the date of death, and the limitations period that would otherwise have applied does not apply.

This one-year period is deliberately hard to extend. Subdivision (b) says it cannot be tolled or extended for any reason except a short, specific list: the general time-computation rules in §§ 12, 12a, and 12b of this code, the Probate Code's creditor-claims procedures for estates and for revocable trusts, and the former no-contest-clause provisions of the Probate Code as they read before their 2008 repeal.

Section 366.2 applies to actions on the liabilities of persons who die on or after January 1, 1993. It covers liability whether it arises in contract, tort, or otherwise, and whether or not the claim had already accrued at the time of death.

Frequently Asked Questions

How long do I have to sue if the person who owed me a duty dies?

Section 366.2 gives one year after the date of death to commence the action, replacing whatever limitations period would otherwise have applied.

Can the one-year deadline in § 366.2 be extended?

Only in narrow circumstances. Subdivision (b) allows tolling only under §§ 12, 12a, and 12b of this code and specific Probate Code creditor-claim and former no-contest-clause provisions, not for any other reason.

Does § 366.2 apply no matter when the person died?

It applies to actions on the liabilities of persons who died on or after January 1, 1993.

Amendment History

Amended by Stats 2009 ch 348 (SB 308),s 2, eff. 1/1/2010. Amended by Stats 2006 ch 221 (AB 2864),s 1, eff. 1/1/2007.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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