Code Section

Probate Code - PROB

DIVISION 2. GENERAL PROVISIONS [100 - 890]

  ( Division 2 enacted by Stats. 1990, Ch. 79. )
  

PART 13. LITIGATION INVOLVING DECEDENT [550 - 555]

  ( Part 13 enacted by Stats. 1990, Ch. 79. )
  

CHAPTER 1. Liability of Decedent Covered byInsurance [550 - 555]
  ( Chapter 1 enacted by Stats. 1990, Ch. 79. )

  
552.  

(a) An action under this chapter shall name as the defendant, “Estate of (name of decedent), Deceased.” Summons shall be served on a person designated in writing by the insurer or, if none, on the insurer. Further proceedings shall be in the name of the estate, but otherwise shall be conducted in the same manner as if the action were against the personal representative.

(b) On motion of an interested person, or on its own motion, the court in which the action is pending may, for good cause, order the appointment and substitution of a personal representative as the defendant.

(c) An action against the estate of the decedent under this chapter may be consolidated with an action against the personal representative.

(Enacted by Stats. 1990, Ch. 79.)