California Code of Civil Procedure 366.3 – (a) If a person has a claim that arises from a promise or …
(a) If a person has a claim that arises from a promise or agreement with a decedent to distribution from an estate or trust or under another instrument, whether the promise or agreement was made orally or in writing, an action to enforce the claim to distribution 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 Sections 12, 12a, and 12b of this code, and former Part 3 (commencing with Section 21300) of Division 11 of the Probate Code, as that part read prior to its repeal by Chapter 174 of the Statutes of 2008.
Terms Used In California Code of Civil Procedure 366.3
- action: as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. See California Code of Civil Procedure 363
- Decedent: A deceased person.
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- Probate: Proving a will
- Writing: includes printing and typewriting. See California Code of Civil Procedure 17
(c) This section applies to actions brought on claims concerning persons dying on or after the effective date of this section.
(Amended by Stats. 2009, Ch. 348, Sec. 3. (SB 308) Effective January 1, 2010.)