California Code of Civil Procedure Section 377.41

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.

(Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)

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Last modified: September 9, 2016