California Code of Civil Procedure § 377.60

Under California Code of Civil Procedure § 377.60, specific family members — a surviving spouse, domestic partner, children, and certain other heirs or dependents — may bring a wrongful-death lawsuit when a loved one is killed by another’s wrongful act or negligence.

Reviewed against the current statutory text at leginfo.legislature.ca.gov. This page is legal information, not legal advice.

Exact Statute Text

Read the full, current section at the official source: Cal. Code Civ. Proc. § 377.60 (leginfo).

In Plain English

• Who may sue: surviving spouse or domestic partner, children, and grandchildren of deceased children come first.
• If no such heirs: those entitled to the estate by intestate succession may sue (e.g., parents, siblings).
• Dependents: certain financially dependent people (e.g., a putative spouse, stepchildren, parents) may also recover.
• Deadline: generally two years from the date of death (CCP § 335.1).

Key Terms Defined

Wrongful death

A civil claim for the death of a person caused by another’s wrongful act or neglect, brought by the statutory heirs.

Intestate succession

The default order of inheritance when there is no will — used to identify eligible claimants when there is no spouse or child.

Personal representative

The estate’s representative, who may bring the claim on the heirs’ behalf.

Purpose & Context

Section 377.60 defines exactly who has the right to seek compensation for a loved one’s death, prioritizing the closest family members and extending to certain dependents — ensuring those most affected can hold the responsible party accountable.

Real-World Example

A parent of two children is killed by a negligent driver. Under § 377.60, the surviving spouse and children may bring a wrongful-death claim — and must generally do so within two years of the death under § 335.1.

Who may file under CCP § 377.60

Related California Statutes

• CCP § 335.1 — the two-year deadline
• Civil Code § 1714 — the duty of care
• Civil Code § 3333 — recoverable damages

Why 377.60 Matters

For injured people & families

Knowing who has standing — and acting within two years — is the threshold step to holding a responsible party accountable for a loved one’s death. See our California wrongful death lawyer page.

For defendants

Standing is often contested; a defendant may challenge whether a claimant qualifies as a proper heir or dependent under § 377.60.

Frequently Asked Questions

Who can file a wrongful death lawsuit in California?

Under CCP § 377.60, a surviving spouse or domestic partner, children, and issue of deceased children — and, if none, intestate heirs and certain dependents.

Can parents or siblings sue for wrongful death?

Yes, generally if there is no surviving spouse, domestic partner, or child — through intestate succession — or if they were dependents.

How long do we have to file?

Generally two years from the date of death (CCP § 335.1).

Can the estate bring the claim?

Yes. The decedent’s personal representative may assert the claim on the heirs’ behalf.