By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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If you are reading this soon after a loss, nothing on this page needs to be decided today. It is here so you know who has the right to bring a claim and what papers will matter later.
California: close family first, then certain dependents
California’s list is in Code of Civil Procedure 377.60. The first group is the surviving spouse, the registered domestic partner, the children, and the descendants of a child who has already died. The personal representative of the estate may also bring the case on their behalf.
If the person who died left no children or grandchildren, the right passes to whoever would inherit under California’s intestate succession rules, including a surviving spouse or partner. Under Probate Code 6402, that order runs to the parents, then to the parents’ other descendants (brothers, sisters, nieces and nephews), then to grandparents and their descendants.
A second group may sue whether or not they fit the first, as long as they were financially dependent on the person who died:
- a putative spouse, meaning someone who believed in good faith that a void or voidable marriage was valid, and that spouse’s children
- stepchildren
- parents
- the person’s legal guardians, if the parents have died
A third rule covers a minor who had lived in the household for the 180 days before the death and depended on the person for at least half of their support.
California also treats the case as one lawsuit. In Cross v. Pacific Gas & Electric Co. (1964), the California Supreme Court explained that only one wrongful death action may be brought and that all the heirs should join or be joined in it, while each heir’s own loss is measured separately.
Texas: the spouse, the children and the parents
Texas is narrower. Under Civil Practice and Remedies Code 71.004, the case is for the exclusive benefit of the surviving spouse, children and parents. Brothers, sisters and grandparents are not on that list. One or more of the listed family members may sue for the benefit of all of them.
If none of them has filed within three calendar months after the death, the executor or administrator of the estate must bring the case, unless all of them ask that it not be filed. The jury divides any award among the family members in the shares it finds (section 71.010), and the money is not subject to the debts of the person who died (section 71.011).
Section 71.003 adds a limit: the family can sue only if the person who died would have been entitled to sue for the injury had they lived.
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Washington: the personal representative files for the family
In Washington, the family members do not file in their own names. The estate’s personal representative brings the case under RCW 4.20.010, for the benefit of the people listed in RCW 4.20.020: the spouse or state registered domestic partner and the children, including stepchildren. If there are none, the claim is for the parents or siblings.
Before 2019, parents and siblings had to show they depended on the person financially and lived in the United States. Substitute Senate Bill 5163 removed both requirements, effective July 28, 2019, according to the Legislature’s final bill report. Our page on the Washington wrongful death deadline explains how a personal representative is appointed and how long the family has to file.
Who can sue, state by state
| California | Texas | Washington | |
|---|---|---|---|
| Who files | The family members themselves, or the personal representative for them | Spouse, children or parents; the estate representative after 3 months if none has filed | The personal representative only |
| First in line | Spouse, registered domestic partner, children, descendants of a deceased child | Spouse, children, parents | Spouse, registered domestic partner, children, stepchildren |
| Others | Intestate heirs if no children or grandchildren; listed dependents | No one else | Parents or siblings if no spouse, partner or children |
| Law | CCP 377.60 | CPRC 71.004 | RCW 4.20.020 |
The estate’s claim is a separate right
A wrongful death claim pays the family for their own losses. The person who died may also have had a claim of their own for what happened before death, such as medical bills. That claim, called a survival action, belongs to the estate. In California, the personal representative brings it, or the successor in interest if there is no representative (CCP 377.30). A successor must file a sworn declaration with a certified copy of the death certificate attached (CCP 377.32). In Texas the claim passes to the heirs, legal representatives and estate (section 71.021), and in Washington the personal representative brings it under RCW 4.20.046 and RCW 4.20.060. Our page on survival actions and wrongful death compares the two.
Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
What this means for your case
Start by writing down every close family member and how each one was related to the person who died. A lawyer will use that list to decide who has the right to sue and who must be included. Keep the death certificate, marriage or domestic partnership records, birth certificates and, if anyone depended on the person for money, proof of that support such as bank records or tax returns.
If family members are not speaking, or someone lives in another country, tell the lawyer early. Each state handles a missing or unwilling relative differently. The deadlines are short: see the California deadline and Texas deadline pages, and the page on what the family can recover. If the death followed a truck crash, our page for families after a fatal semi-truck crash covers the first steps.
Common questions
Can a parent sue for the death of an adult son or daughter?
In Texas, yes, parents are always on the list. In California, parents can sue if their child left no children or grandchildren and the parents would inherit, or if they depended on their child financially. In Washington, the claim is for the parents only if there is no spouse, registered partner or child.
Can brothers and sisters file a wrongful death claim?
Not in Texas. In California, siblings have a right only when the person left no children or grandchildren and no surviving parent, so that siblings would share in the inheritance under Probate Code 6402. In Washington, the personal representative can bring the claim for siblings when there is no spouse, partner or child.
What if the family members disagree about suing?
In California the case is a single lawsuit and all heirs should be part of it. In Texas, one listed family member may sue for everyone. In Washington, the personal representative decides how the case is brought, for the beneficiaries’ benefit.
Can an unmarried partner sue?
California’s list includes a registered domestic partner and a putative spouse who believed in good faith that a marriage was valid. Washington’s includes a state registered domestic partner. A partner who fits none of those categories is not on either statute’s list, and Texas lists only a surviving spouse.
Do we need to open an estate first?
In Washington, yes, because only a personal representative can file. In California and Texas, the family members can usually file in their own names, though the estate’s claim for the person’s own losses needs a representative or, in California, a successor in interest. Beverly Law offers a free case review in English or Spanish at (310) 552-6959. You owe no fees or costs unless we win. More answers are in our injury law FAQs.
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Related pages
Sources
- Cal. Code Civ. Proc. 377.60 (leginfo.legislature.ca.gov)
- Cal. Probate Code 6402 (leginfo.legislature.ca.gov)
- Cal. Code Civ. Proc. 377.30 (leginfo.legislature.ca.gov)
- Cal. Code Civ. Proc. 377.32 (leginfo.legislature.ca.gov)
- Cross v. Pacific Gas & Elec. Co. (1964) 60 Cal.2d 690 (scocal.stanford.edu)
- Tex. Civ. Prac. & Rem. Code 71.003, 71.004, 71.010, 71.011, 71.021 (chapter 71) (statutes.capitol.texas.gov)
- RCW 4.20.010 (app.leg.wa.gov)
- RCW 4.20.020 (app.leg.wa.gov)
- RCW 4.20.046 (app.leg.wa.gov)
- RCW 4.20.060 (app.leg.wa.gov)
- Washington Legislature, final bill report, SSB 5163 (2019) (lawfilesext.leg.wa.gov)
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. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.