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Who can file a wrongful death lawsuit in California?

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Under Code of Civil Procedure § 377.60, a wrongful death lawsuit in California can be filed by the person’s heirs, starting with the surviving spouse or registered domestic partner and the children, or by the personal representative on their behalf. If there are no surviving children or other descendants, the people who would inherit under intestate succession can sue, and certain financially dependent relatives, such as stepchildren, parents and a putative spouse, also qualify. All of them must join in a single lawsuit, usually within two years of the death.

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

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Spouse, domestic partner and children come first

Section 377.60(a) gives the claim first to the surviving spouse, the registered domestic partner, the children, and the children of any child who died earlier. They do not have to prove financial dependency.

When the person left no surviving children or other descendants, the right goes to whoever would inherit under California’s intestate succession rules in Probate Code § 6401 and § 6402. In that situation, § 6401 gives a surviving spouse only part of the decedent’s separate property, and the rest passes to the decedent’s parents, so the parents generally can sue alongside the spouse. With no spouse or children, the order is parents, then siblings and their children, then grandparents and more distant relatives. Since a 2020 amendment (AB 2445), if the parents would qualify but have died, the decedent’s legal guardians can sue in their place.

Dependents who can sue even if they are not heirs

Section 377.60(b) adds a second group, but only if they were dependent on the person who died: a putative spouse, the children of a putative spouse, stepchildren, parents, and legal guardians when the parents have died. A putative spouse believed in good faith that a void or voidable marriage was valid.

Dependency here means money. In Chavez v. Carpenter (2001) 91 Cal.App.4th 1433, the court held that emotional closeness is not enough. The relative must have relied, at least in part, on the person for necessities such as housing, food or medical care.

Section 377.60(c) adds a minor who lived in the household for the 180 days before the death and received half or more of their support from the person.

Who can sue, at a glance

Family memberStatuteMust prove dependency
Spouse or registered domestic partnerCCP § 377.60(a)No
Children, and children of a deceased childCCP § 377.60(a)No
Parents, siblings and other intestate heirs (only if no children or other descendants survive)CCP § 377.60(a); Prob. Code §§ 6401-6402No
Legal guardians, if the parents would qualify but have diedCCP § 377.60(a)No
Putative spouse, children of a putative spouse, stepchildren, parentsCCP § 377.60(b)Yes, financial dependency
Minor living in the home for 180 daysCCP § 377.60(c)Yes, half or more of support
Estate (personal representative or successor in interest)CCP § 377.30 (survival action)No, separate claim

All heirs share one lawsuit

California allows only one wrongful death action per death. In Cross v. Pacific Gas & Elec. Co. (1964) 60 Cal.2d 690, the California Supreme Court explained that courts call the action joint, single and indivisible: all heirs should join or be joined in the same case, and a single verdict covers all recoverable damages.

In Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, the heirs who filed had a duty to join a known heir, and naming her without serving her was not enough. The omitted heir could sue the heirs who settled without her.

The estate’s survival action is a separate claim

The person’s own claim survives death under CCP § 377.30. The personal representative of the estate brings it, or, if there is none, the successor in interest, who must file a sworn declaration under § 377.32.

Under § 377.34, the estate recovers losses the person had before death, such as medical bills and lost earnings, and can seek punitive damages. SB 447 (2021) also allowed pain and suffering damages in cases filed from January 1, 2022 through December 31, 2025. A 2025 bill to keep those damages available, SB 29, was not brought to a final vote, as the Daily Journal reported. For survival actions filed in 2026, pain and suffering damages are generally not available.

Deadlines

ClaimDeadlineStatute
Wrongful death lawsuit2 years from the deathCCP § 335.1
Claim against a city, county or state agency6 months from the deathGov. Code § 911.2
Lawsuit after a government claim is rejected in writing6 months from the rejection noticeGov. Code § 945.6

Washington rules differ; see our Washington wrongful death deadline FAQ.

What this means for your case

List everyone who might have a right to sue. Keep the death certificate, marriage or domestic partnership papers, and records showing who the person supported, such as tax returns, rent payments and bank transfers.

Do not sign a release before every heir is accounted for. If a public agency may share fault, act well before the six-month mark.

Beverly Law handles wrongful death claims across California from its Los Angeles office. You owe no fees or costs unless we win. Call (310) 552-6959 for a free consultation.

Common questions

Can a fiancé or unmarried partner sue for wrongful death in California?

Usually not, unless the partner was a registered domestic partner or a dependent putative spouse.

Can adult children sue for a parent’s death?

Yes. Children of any age are first-tier heirs under CCP § 377.60(a) and do not need to show financial dependency.

Can parents sue if their adult child was married?

If the child left no children or other descendants, the parents are generally intestate heirs alongside the spouse and can join the lawsuit. If the child left children, parents generally need to show financial dependency.

Does one heir need the others’ permission to file?

No, but all known heirs must be joined in the same case.

Does the family need to open a probate case first?

Not for the wrongful death claim, which belongs to the heirs. The estate’s survival claim needs a personal representative or a successor in interest who files a sworn declaration.

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Related pages

Frequently asked questions · California injury lawyers · Los Angeles injury lawyer · How long do you have to file a wrongful death lawsuit in Washington? · General and special damages · Practice areas

Sources

  1. Cal. Code Civ. Proc. § 377.60, who may bring a wrongful death action
  2. Cal. Probate Code § 6401, surviving spouse’s intestate share
  3. Cal. Probate Code § 6402, order of intestate heirs
  4. Cal. Code Civ. Proc. § 377.30, survival of the decedent’s cause of action
  5. Cal. Code Civ. Proc. § 377.32, successor in interest declaration
  6. Cal. Code Civ. Proc. § 377.34, survival action damages and the 2022-2025 pain and suffering window
  7. Cal. Code Civ. Proc. § 335.1, two-year deadline for injury or death
  8. Cal. Gov. Code § 911.2, six-month government claim deadline
  9. Cal. Gov. Code § 945.6, deadline to sue after a claim is rejected
  10. Cross v. Pacific Gas & Elec. Co. (1964) 60 Cal.2d 690, Supreme Court of California (SCOCAL, Stanford Law School)
  11. Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801 (Justia)
  12. Chavez v. Carpenter (2001) 91 Cal.App.4th 1433 (Justia)
  13. Daily Journal, Consumer attorneys plan new push to make survival action damages permanent (Nov. 16, 2025), on SB 29

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 7, 2026.

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