California Claims Against a Decedent: One Year From Death Under CCP § 366.2
Reviewed and current as of August 31, 2026. California law can change; verify against the current statute before relying on any date.
Where a person against whom an action may be brought dies before the applicable limitations period has run, 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.
Source: California Code of Civil Procedure section 366.2 (as of August 31, 2026).
What the statute says
Section 366.2 is a shortening statute, and one of the most dangerous provisions in California limitations practice. It does not extend or toll — it replaces whatever period would otherwise have applied with a flat one year from the date of death.
The practical consequence: a breach of written contract claim that would have had four years under section 337, or a fraud claim with three years from discovery under section 338(d), collapses to one year the moment the defendant dies. A claim that felt comfortably timely can be barred before the plaintiff learns of the death.
When the clock starts
The period runs from the date of death, not from the plaintiff's knowledge of the death, and not from probate proceedings being opened. There is no general discovery overlay on section 366.2 itself, which means a plaintiff who did not know the defendant had died can lose the claim without ever having had a realistic opportunity to file.
The statute applies where the cause of action survives the death, which most contract and property claims do. It is directed at claims against the decedent, and is distinct from a survival action for the decedent's own pre-death damages under section 377.30.
Key exceptions and tolling
- It shortens, never lengthens.Where the otherwise-applicable period would expire sooner than one year from death, that shorter period still governs; section 366.2 does not revive or extend it.
- Claims by the decedent, not against.A survival action for the decedent's own pre-death damages runs under Code of Civil Procedure section 377.30, and a wrongful death claim under section 335.1 from the date of death.
- No general discovery overlay.The one year runs from the date of death rather than from the claimant's knowledge of it, which can bar a claim before the claimant learns the defendant died.
- Probate claim procedures.Creditor-claim requirements in the Probate Code operate alongside section 366.2 and impose their own deadlines that must be satisfied independently.
- Elder abuse matters.Where financial abuse claims are asserted against a now-deceased abuser, section 366.2 can compress the four-year discovery period in Welfare and Institutions Code section 15657.7 to one year.
Frequently asked
How long do you have to sue someone's estate in California?
Generally one year from the date of death under Code of Civil Procedure section 366.2, where the cause of action survives. That one-year period replaces whatever longer limitations period would otherwise have applied. This is general information, not legal advice.
Does the four-year contract deadline still apply if the defendant dies in California?
No. Section 366.2 provides that the otherwise-applicable limitations period does not apply, and substitutes one year from the date of death. A four-year written-contract claim under section 337 collapses to one year on the defendant's death.
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Not legal advice. This page is general information for licensed attorneys and is not a substitute for independent legal research or professional judgment. It does not address the facts of any specific matter. Statutes, case law, and court rules change; tolling, the discovery rule, equitable estoppel, and claims involving minors, government entities, or out-of-state defendants can all change the applicable deadline. Confirm every date against the current text of California Code of Civil Procedure section 366.2 and controlling case law. Using this page does not create an attorney-client relationship.
Statutory citations current as of August 31, 2026.