By Sami Sedghani, Pharm.D., J.D. · Synergist Law, P.C. · San Rafael, California · Updated October 26, 2026
General information only, not legal advice. Reading this article does not create an attorney-client relationship. Every case depends on its own facts. For advice about your situation, consult a licensed California attorney.
Who can file a wrongful death lawsuit in California is decided by one statute, Code of Civil Procedure section 377.60. It lists specific people, not “the family.” A surviving spouse, a registered domestic partner, and the decedent’s children almost always qualify. Parents, siblings, and stepchildren qualify only in certain situations, and some people who were very close to the person who died do not qualify at all.
Below, we walk through the statute, apply it to common family situations in Marin County and across California, and explain why every eligible heir has to be part of one lawsuit.
Who can file a wrongful death lawsuit in California: the short answer
Under section 377.60, a wrongful death claim may be brought by three groups of people, or by the decedent’s personal representative on their behalf:
- Close family and heirs (subdivision (a)): the surviving spouse, registered domestic partner, children, and children of a child who has died. If the decedent left no children or grandchildren through a deceased child, the people who would inherit under California’s intestate succession rules qualify instead, and that group can include the spouse or partner.
- Certain dependents (subdivision (b)): a putative spouse, the putative spouse’s children, stepchildren, and parents, but only if they were dependent on the decedent.
- A minor living in the home (subdivision (c)): a child who lived in the decedent’s household for the 180 days before the death and depended on the decedent for at least half of the child’s support.
That list also answers who can bring a wrongful death claim on behalf of the family. Everyone else, including close friends, fiancés, and unregistered partners, generally has no wrongful death claim, no matter how real the loss is.
CCP 377.60, subdivision by subdivision
Subdivision (a): spouse, partner, children, and intestate heirs
The first group is the decedent’s “surviving spouse, domestic partner, children, and issue of deceased children.” “Issue” means descendants. So a grandchild can bring the claim when the grandchild’s own parent (the decedent’s child) died earlier.
A domestic partner qualifies only if the partnership was registered. Section 377.60(f) defines the term by reference to Family Code section 297(b), which requires both partners to file a Declaration of Domestic Partnership with the Secretary of State.
The second half of subdivision (a) applies only when the decedent left no surviving issue. Then the claim belongs to “the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.” Intestate succession is the default inheritance order in Probate Code sections 6401 and 6402. With no spouse and no descendants, it runs to the decedent’s parents, then to brothers and sisters and their descendants, then to grandparents and their descendants. When there is a spouse but no descendants, Probate Code sections 6401(c)(2)(B) and 6402(b) to (c) give half of the decedent’s separate property to the spouse and the other half to surviving parents, or if none, to siblings, which is why parents or siblings can sometimes share standing with a surviving spouse.
Subdivision (a) adds one more rule: if the decedent’s parents would have qualified but have died, the decedent’s legal guardians may bring the action as if they were the parents.
Subdivision (b): dependents, whether or not they are heirs
Subdivision (b) lets four kinds of people sue “whether or not qualified under subdivision (a),” if they were dependent on the decedent: the putative spouse, children of the putative spouse, stepchildren, and parents (or legal guardians, if the parents have died). A putative spouse is someone whose marriage turned out to be void or voidable but who, the court finds, believed in good faith that it was valid.
Dependence turns on actual reliance on the decedent for support. A stepchild raised and supported in the decedent’s home may meet it; an adult stepchild living independently usually will not.
Subdivision (c): a minor who lived in the household
A minor may sue, whether or not related to the decedent, if at the time of death the minor had lived in the decedent’s household for the previous 180 days and depended on the decedent for one-half or more of the minor’s support. This covers, for example, a partner’s child or a relative’s child the decedent was raising, when neither subdivision (a) nor (b) fits.
Who can sue for wrongful death in California: a family-by-family table
| Family situation | Who can usually bring the claim | Source |
|---|---|---|
| Decedent left a spouse or registered partner and children | The spouse or partner and each child | § 377.60(a) |
| A child of the decedent died before the decedent | That child’s own children (the decedent’s grandchildren) step into the child’s place | § 377.60(a) |
| Spouse or partner, but no children or grandchildren | The spouse or partner, plus anyone else who would share in the estate by intestate succession, which can include parents, or if none, siblings | § 377.60(a); Prob. Code §§ 6401(c)(2)(B), 6402 |
| No spouse, partner, children, or grandchildren | Parents; if none, siblings and their children; if none, grandparents and their descendants | § 377.60(a); Prob. Code § 6402 |
| Parents of an adult child who left children or other descendants | Only if the parents were dependent on the decedent | § 377.60(b) |
| Stepchildren | Only if dependent on the decedent (or as a minor living in the home) | § 377.60(b), (c) |
| Putative spouse and the putative spouse’s children | If found to have a good-faith belief in the marriage and if dependent | § 377.60(b) |
| Unmarried partner who never registered | Generally no wrongful death claim | § 377.60(a), (f) |
| Any minor who lived in the home | If the minor lived there 180 days and received half or more of support from the decedent | § 377.60(c) |
| Friends, fiancés, extended relatives not in the inheritance line | No wrongful death claim | § 377.60 |
The table is a starting point for identifying the wrongful death heirs in California cases. Adoption, a prior marriage, or a divorce that was filed but not finished can change the answer.
Can parents file a wrongful death claim in California?
Yes, in two ways. First, parents qualify under subdivision (a) when they would inherit from their child under intestate succession. That is the case when the child left no spouse, partner, or descendants, and it can be the case when the child left a spouse but no descendants. Second, parents qualify under subdivision (b) in any situation if they were financially dependent on their child.
When an adult child leaves children of their own, the claim generally goes to the spouse and children unless the parents relied on that child for support. When a minor child dies, the parents are the usual heirs.
Wrongful death beneficiaries and heirs: one lawsuit, everyone joined
California allows only one wrongful death action for each death. The California Supreme Court explained in Cross v. Pacific Gas & Elec. Co. (1964) 60 Cal.2d 690, 694, that “all heirs should join or be joined in the action and that a single verdict should be rendered for all recoverable damages,” that “only one action for wrongful death may be brought,” and that “there cannot be a series of suits by heirs against the tortfeasor for their individual damages.” Each heir still has a “personal and separate” claim within that one action (id. at p. 692).
That creates a duty among family members. In Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, the decedent’s wife and other heirs filed and settled a wrongful death case without properly serving his daughter from a prior marriage. The Court of Appeal held that heirs who bring the case have a mandatory duty to join all known heirs, that merely naming an heir as a nominal defendant without serving her was not enough, and that the omitted heir could sue the heirs who left her out.
When an heir will not participate, Code of Civil Procedure section 382 allows that person to be named as a defendant, with the reason stated in the complaint. As Ruttenberg notes, an heir named this way is, in reality, a plaintiff. The heir still has to be properly served.
The one-action rule also shapes how a recovery is shared. A jury commonly returns one total amount for all the heirs, and under section 377.61 “the court shall determine the respective rights in an award” when the heirs cannot agree. Our article on the average wrongful death settlement explains how a wrongful death settlement is divided among family members, including court approval of a minor’s share.
Heirs versus the estate’s personal representative
The wrongful death claim belongs to the heirs for their own losses. The decedent’s own claim for losses before death survives to the estate under section 377.30 and is brought by the personal representative or, if there is none, by the successor in interest, who must file a sworn declaration under section 377.32 with a certified death certificate attached.
A personal representative can also bring the wrongful death claim for the heirs; that recovery still belongs to them. Our guide to survival action vs. wrongful death claims explains the difference in damages, including the change on January 1, 2026, to pre-death pain and suffering.
Can a wrongful death claim be filed for an unborn child?
No. In Justus v. Atchison (1977) 19 Cal.3d 564, the California Supreme Court held that a fetus is not a “person” under the wrongful death statute. (The decision was later overruled on other grounds in Ochoa v. Superior Court (1985) 39 Cal.3d 159.) Parents may still have other claims, depending on the facts.
Filing a wrongful death claim in Marin County
Under Code of Civil Procedure section 395, a wrongful death case may be filed in the county where the fatal injury occurred or where a defendant lives. For a death caused by a collision on Highway 101 in San Rafael or a fall at a Novato business, that usually means the Marin County Superior Court at 3501 Civic Center Drive in San Rafael.
The court’s probate division often becomes part of the picture too. The person who has the original will must deliver it to the court clerk within 30 days after learning of the death (Prob. Code § 8200). A probate case may be needed to appoint a personal representative for the survival claim. It does not decide wrongful death standing, which comes only from section 377.60.
Standing does not change the deadline: generally two years from the death, and six months for a government claim against a city, the County of Marin, Caltrans, or a transit district. See our article on the wrongful death statute of limitations in California, and for the steps after standing is settled, how to file a wrongful death lawsuit in California.
How we confirm who can file before a case is filed
Before we file a wrongful death case, we build a family map. We ask about every marriage, every child, adoptions, children who have died and their children, whether a domestic partnership was ever registered, and who depended on the person who died for support. Where it matters, we confirm the answers with records rather than memory: marriage and divorce filings, birth certificates, and the death certificate.
A settlement works best for everyone when every eligible family member is part of the case from the start. It is the same habit I relied on as a clinical pharmacist checking a medication history: get the complete list before acting on any part of it.
¿Quién puede presentar una demanda por muerte injusta en California?
Sami Sedghani habla español. En California, la ley (Código de Procedimiento Civil, sección 377.60) permite demandar al cónyuge, a la pareja doméstica registrada y a los hijos de la persona fallecida. Si no hay hijos ni nietos, pueden demandar los herederos según las reglas de herencia, como los padres o los hermanos. Algunos dependientes, como padres o hijastros que dependían económicamente de la persona fallecida, también pueden tener derecho. Llame al (415) 835-4448 para una consulta gratuita. Esta información es general y no constituye asesoría legal.
Frequently asked questions
Who can file a wrongful death lawsuit in California?
Under Code of Civil Procedure section 377.60, the surviving spouse, registered domestic partner, children, and children of a deceased child can file. If there are no descendants, the people who would inherit under intestate succession can file. Dependent parents, stepchildren, and putative spouses, and a minor who lived in the home for 180 days and received half or more of their support from the decedent, may also qualify.
Can parents file a wrongful death claim in California for an adult child?
Yes, if they would inherit from the adult child under intestate succession, which usually means the child left no descendants, or if they were financially dependent on the child. If the adult child left a spouse and children and the parents were not dependent, the claim generally belongs to the spouse and children.
Can a sibling sue for wrongful death in California?
Only as an intestate heir. A brother or sister generally qualifies when the decedent left no descendants and no surviving parents, whether or not there is a surviving spouse. Siblings are not among the dependents listed in subdivision (b), so financial dependence alone does not give a sibling standing.
Can an unmarried partner file a wrongful death claim in California?
Generally not, unless the couple registered a domestic partnership with the California Secretary of State under Family Code section 297. A minor child of the partner who lived in the decedent’s home for 180 days and depended on the decedent for half or more of their support may qualify on their own.
Do all the heirs have to agree before a wrongful death case is filed?
No, but all known heirs must be joined in the one lawsuit. An heir who will not participate as a plaintiff can be named and served as a defendant under Code of Civil Procedure section 382. Heirs who leave a known heir out can be liable to that heir.
Who can bring a wrongful death claim on behalf of the family?
Any eligible heir can bring the claim, or the decedent’s personal representative can bring it on the heirs’ behalf. Either way, the case is one action for all the heirs, and every known heir must be joined, as a plaintiff or, if unwilling, as a defendant.
Talk to a Marin County wrongful death lawyer
If you have lost a family member and are unsure who in the family can bring the claim, we can review the family situation and the deadlines with you. Learn more about how we handle these cases on our Marin County wrongful death lawyer page, call (415) 835-4448, or request a free consultation. Se habla español. Office: 1299 4th Street, Suite 301, San Rafael, CA 94901.
Contingency fee: no attorney’s fee unless we obtain a recovery for you. Depending on the terms of your written fee agreement, you may be responsible for case costs we advance even if there is no recovery. Your fee agreement explains this before representation begins.
The law described here may change after the date shown above. Every case turns on its own facts, and nothing on this page predicts any outcome, timeline, or value in your matter.
