Cal. Codes » Probate Code / DIVISION 7. ADMINISTRATION OF ESTATES OF DECEDENTS / PART 4. CREDITOR CLAIMS / CHAPTER 8. Claims in Litigation / ARTICLE 2. Claim Where Action or Proceeding Pending
California Codes

Cal. Probate Code § 9370 (2026)

Claim Where Action or Proceeding Pending

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(a)An action or proceeding pending against the decedent at the time of death may not be continued against the decedent’s personal representative unless all of the following conditions are satisfied:

(1)A claim is first filed as provided in this part.

(2)The claim is rejected in whole or in part.

(3)Within three months after the notice of rejection is given, the plaintiff applies to the court in which the action or proceeding is pending for an order to substitute the personal representative in the action or proceeding. This paragraph applies only if the notice of rejection contains a statement that the plaintiff has three months within which to apply for an order for substitution.

(b)No recovery shall be allowed in the action against property in the decedent’s estate unless proof is made of compliance with this section.

Notes of Decisions
Cited in 12 cases (6 in the last 5 years), 1992–2025 · leading case: Jose Flores v. City of Westminster, 873 F.3d 739 (9th Cir. 2017).
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Jose Flores v. City of Westminster, 873 F.3d 739 (9th Cir. 2017). “Probate Code section 9370(a) in turn states that actions or proceedings pending against a decedent “may not be continued against the decedent’s personal representatives” unless: “(1) A [probate] claim is first filed as provided in this part”; “(2) The claim is rejected in whole…”
Sullivan v. Delta Air Lines, Inc., 935 P.2d 781 (Cal. 1997). · cites it 2× “2d 711, 713-714 ); (6) when an action is "pending against the decedent at the time of death" (Prob. Code, § 9370, subd. (a)) for purposes of continuing the action against his personal representative ( Agnew v.”
Sacks v. FSR Brokerage, Inc., 7 Cal. App. 4th 950 (Cal. Ct. App. 1992). “4 Probate Code section 9370 (formerly Prob.”
Calleja v. Udewitz, No. B319906 (Cal. Ct. App. Dec. 30, 2024). · cites it 9× “) We explain in Discussion, part C, post, that Bogdanovich forfeited her argument that the trial court’s award of statutory penalties violates a provision in part 4 of division 7 of the Probate Code, to wit, Probate Code section 9370. (See Prob. Code, § 9370 [codified in part 4…”
(PC) Jacques v. Fererkins, No. 2:21-cv-00144 (E.D. Cal. May 23, 2022). · cites it 8× “31, 2017) (citing Cal. Prob. Code § 9370 (a). 24 According to California Probate Code § 9370: 25 (a) An action or proceeding pending against the decedent at the time of death may not be continued against the decedent’s personal 26 representative unless all of the following…”
Ottele v. Martinez, No. 1:22-cv-00187 (E.D. Cal. May 13, 2025). · cites it 3× “California Probate Code Requirements 27 “California Probate Code § 9370 provides that an action against the decedent at the time 1 first filed; and (2) the claim is rejected in whole or in part.”
(PC)Suarez v. Beard, No. 2:18-cv-00340 (E.D. Cal. Sept. 20, 2019). · cites it 2× “See Cal. Prob. Code § 9370 (“An action . . . pending against the 7 decedent at the time of death may not be continued against the decedent's personal representative” 8 until the claims presentation requirement is satisfied.”
(PC) Elder v. Joksch, No. 2:16-cv-01925 (E.D. Cal. Sept. 20, 2024). · cites it 2× “25 California Probate Code § 9370 provides that an action against the decedent at the 26 time of death may not be continued against the decedent's personal representative unless: (1) a 27 claim is first filed; and (2) the claim is rejected in whole or in part.”
In re Est. of Carlson, 2007 ND 35, 728 N.W.2d 337. · cites it 2× “Robert Carlson’s] military retirement benefits,” but denied the motion to show cause without prejudice because Jorjann Carlson had not complied with a California “procedural pre-requisite”: Petitioner (actually, Petitioner’s Estate) through the “special appearance” of counsel…”
Lees v. CDCR/SVSP-LVN Singsong, No. 4:19-cv-01603 (N.D. Cal. Mar. 4, 2022). “10 Cal. Prob. Code § 9370 . A creditor claim “shall be filed with the court and a copy shall be served 11 on the personal representative, or on a person who is later appointed and qualified as personal 12 representative.”
Moreno v. Bander, No. B332564 (Cal. Ct. App. Oct. 23, 2024). “” (Prob. Code, § 9370, subd. (a)(3).) Bander denied Moreno’s creditor’s claim on July 19, 2021.”
Hammer v. Hammer, No. B243409 (Cal. Ct. App. Dec. 18, 2013). “Steven Forfeited Any Claim of Error Based on Michael’s Purported Failure to File a Creditor’s Claim Probate Code section 9370, subdivision (a), provides that an “action or proceeding pending against the decedent at the time of death may not be continued against the decedent’s…”
Cal. Probate Code § 9370(a): 2 cases
Jose Flores v. City of Westminster, 873 F.3d 739 (9th Cir. 2017). “Probate Code section 9370(a) in turn states that actions or proceedings pending against a decedent “may not be continued against the decedent’s personal representatives” unless: “(1) A [probate] claim is first filed as provided in this part”; “(2) The claim is rejected in whole…”
(PC) Jacques v. Fererkins, No. 2:21-cv-00144 (E.D. Cal. May 23, 2022). “31, 2017) (citing Cal. Prob. Code § 9370 (a). 24 According to California Probate Code § 9370: 25 (a) An action or proceeding pending against the decedent at the time of death may not be continued against the decedent’s personal 26 representative unless all of the following…”
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