California decides who may bring a wrongful death claim by statute, not by how close a family actually was. Our wrongful death page explains the claim; this guide covers the people families most often ask about.
How do we work out who may bring the claim, step by step?
- Start with the closest family. A spouse or registered domestic partner, children, and the children of a child who has died may always bring the claim (Code of Civil Procedure 377.60(a)).
- If the person left no children or grandchildren, look to who would inherit without a will: the spouse or partner, then parents, then brothers and sisters, under Probate Code 6401 and 6402.
- Then check dependence. A stepchild, a parent, a putative spouse and that spouse's children, and legal guardians in some cases, may bring the claim if they were dependent on the person (subdivision (b)).
- Then check the household. Any minor who lived in the home for the 180 days before the death and received half or more of their support from the person may bring it (subdivision (c)).
- Bring the claim together. The court decides each person's share of one award (Code of Civil Procedure 377.61), so everyone who qualifies should be identified early.
Who is on the list?
Code of Civil Procedure section 377.60 lists the people who may bring the claim, or have the personal representative of the estate bring it for them:
| Relationship to the person who died | Can they bring the claim? | Section 377.60 |
|---|---|---|
| Spouse | Yes | (a) |
| Registered domestic partner | Yes, if registered under Family Code section 297(b) at the time of death | (a), (f) |
| Children, including adult children | Yes | (a) |
| Grandchildren and other descendants of a child who has died | Yes | (a) |
| Parents | Yes if the person left no surviving descendants, because parents are then heirs; otherwise only if they were dependent on the person | (a), (b) |
| Brothers, sisters and other relatives | Only if they would inherit under California's intestate succession rules | (a) |
| Stepchildren | Yes, if they were dependent on the person | (b) |
| A putative spouse and that spouse's children | Yes, if they were dependent on the person | (b) |
| Any minor who lived in the home | Yes, if the minor lived in the household for the 180 days before the death and depended on the person for half or more of their support | (c) |
| Legal guardians | Yes, in the parents' place if the parents have died, or if they were dependent on the person | (a), (b) |
| An unmarried partner who was not registered | Not on the list |
Can a parent sue for the death of an adult son or daughter?
It depends on who else survives. When the person who died left no children, grandchildren or other descendants, the heirs under California's intestate succession rules can bring the claim (Code of Civil Procedure 377.60(a)). Parents are heirs in that situation: if there is no spouse, the estate passes to the parents (Probate Code 6402(b)), and if there is a spouse, the parents still inherit part of any separate property (Probate Code 6401(c)).
If the person who died had a child of their own, the parents are not heirs. They can still bring the claim, but only if they were dependent on the person who died (Code of Civil Procedure 377.60(b)).
Can brothers, sisters or grandparents bring the claim?
Only when they would inherit. If the person who died left no descendants and no surviving parent, their brothers and sisters, or the descendants of a brother or sister who has died, are next in line under the intestate succession rules (Probate Code 6402(c)). Grandparents come after that, only if there are no siblings or descendants of siblings (Probate Code 6402(d)). A surviving spouse or registered domestic partner inherits too: they share with parents, brothers and sisters, but if none of those survive, the spouse takes the whole estate and grandparents inherit nothing (Probate Code 6401(c)).
What about a stepchild?
A stepchild's clearest right comes from subdivision (b): a stepchild who was dependent on the person who died may bring the claim, whatever their age. Separately, any minor who lived in the home for the 180 days before the death and received half or more of their support from the person who died may bring it (subdivision (c)), whether or not they are related.
A stepchild can sometimes also count as an heir. For inheritance, a stepparent and stepchild are treated as parent and child if the relationship began while the stepchild was a minor, continued for their joint lifetimes, and it is shown by clear and convincing evidence that the stepparent would have adopted the stepchild but for a legal barrier (Probate Code 6454).
The statute does not define "dependent" for these relatives. Expect to show the support the person who died actually provided, such as rent or a mortgage, groceries, tuition, insurance, or regular transfers of money.
What about an unmarried partner?
For this statute, "domestic partner" means a partner in a registered domestic partnership established under Family Code section 297(b) at the time of death (Code of Civil Procedure 377.60(f)). Registered domestic partners have the same rights as spouses under California law (Family Code 297.5). A partner who never registered, and who did not marry, is not on the list.
There is one narrow exception. A "putative spouse" is the survivor of a marriage that turns out to be void or voidable, whom a court finds believed in good faith that the marriage was valid; a putative spouse who was dependent on the person who died may bring the claim (Code of Civil Procedure 377.60(b)).
If several family members qualify, how is the money divided?
Damages are what is just under all the circumstances of the case, and the court decides each person's share of the award (Code of Civil Procedure 377.61). The wrongful death award does not include the losses the person who died suffered before death; those belong to a separate survival claim. Since January 1, 2026, that survival claim generally can no longer include their pain and suffering: see what changed for pre-death pain and suffering.
Our guide on how a wrongful death settlement is divided explains how the court decides shares and protects a child's share. The loss of a child is covered in what parents can recover for the death of a child. If you are wondering whether the estate must be opened first, see whether probate is needed for a wrongful death or survival claim.
What changes the answer?
Whether the person left children or grandchildren. If they did, parents and siblings are not heirs and qualify only through dependence, if at all (Code of Civil Procedure 377.60).
Whether a parent stayed in the child's life. A parent whose parental rights were terminated and not reestablished, who did not acknowledge the child, or who left the child during minority without an effort to provide support or communicate for the time the statute sets, does not inherit from the child (Probate Code 6452). That parent cannot claim as an heir.
Whether the parents have died. If the parents would have qualified as heirs but have died, the person's legal guardians may bring the claim as if they were the parents (Code of Civil Procedure 377.60(a)).
Dependence. For stepchildren, parents of a person with children, putative spouses and guardians, the claim turns on proof of financial dependence (subdivision (b)).
Registration. A domestic partnership registered under Family Code 297(b) at the time of death puts a partner on the list; an unregistered relationship does not (subdivision (f)).
A minor in the home. The 180-day residence and half-support test can bring in a grandchild, a niece or nephew, or an unrelated child the person was raising (subdivision (c)).
What could this look like? An example
For example, imagine a 50-year-old man who dies in a crash. He was never married, but he lived for eight years with his partner, without registering, and with her 15-year-old son, whom he supported. He also leaves his mother, who lives on her own pension, and a sister.
He left no children of his own, so his heirs are first his mother (Probate Code 6402(b)); his mother can bring the claim, and his sister cannot, because a parent survives. The partner is not on the list because the partnership was not registered. Her son, as a minor who lived in the home for more than 180 days and received at least half of his support from the man, can bring the claim under subdivision (c), and he would also qualify as a dependent stepchild only if the couple had married. The mother and the son would bring one claim, and the court would decide their shares. This example is made up to show how the list works; it predicts nothing about a real case.
What mistakes do families make?
- Assuming that a close relationship is enough, when the statute's list decides.
- Leaving out a family member who qualifies, such as a dependent stepchild or a minor in the home.
- Assuming an unregistered partner has the same rights as a registered partner or spouse.
- Not gathering proof of dependence, such as bank transfers, rent payments and school costs.
- Letting each relative file separately instead of together.
- Waiting to sort out who qualifies while the deadline runs.
What should we do this week?
- List every family member: spouse or partner, children, grandchildren, parents, siblings, stepchildren and any minors in the home.
- Find any registered domestic partnership certificate or marriage certificate.
- Gather proof of the support the person provided to anyone who may claim through dependence.
- Write down the date of death and the date two years later, and six months later if a public agency may be involved.
- Keep funeral and burial bills together.
How long does the family have?
Generally two years from the death (Code of Civil Procedure 335.1), and six months for a written claim if a city, county or other public entity may be responsible. Our guide on how long a family has to file a wrongful death claim covers the exceptions. After a crash, see also what happens after a fatal crash in Sonoma County.
Frequently asked questions
Can adult children bring the claim?
Yes. Children are on the list in subdivision (a), whatever their age.
Can a fiancé bring the claim?
Not as a fiancé. Only a spouse, a registered domestic partner or a putative spouse who was dependent is on the list, unless the person qualifies another way, such as an heir.
Can a grandchild bring the claim if their parent is alive?
Not as a descendant; subdivision (a) covers the children of a child who has died. A grandchild could still qualify as a minor who lived in the home and depended on the person for half their support.
Does every family member have to join?
The claim is brought for the family members who qualify, and the court divides one award among them (Code of Civil Procedure 377.61). Identifying everyone early avoids disputes later. For a case filed here, see what to expect at Sonoma County Superior Court.
Can an estate representative file instead of the family?
Yes. The claim may be brought by the people on the list or by the personal representative on their behalf (Code of Civil Procedure 377.60).
What can the family recover?
Financial support, funeral and burial costs, household services, and the loss of love, companionship and guidance. See what a family can recover in a wrongful death case.
If your family has lost a loved one and you are not sure who may bring the claim, contact Young Law Group today at (707) 343-0556 or through our contact page for a free and confidential consultation.
Sources
- Code of Civil Procedure section 377.60 (who may bring a wrongful death claim)
- Code of Civil Procedure section 377.61 (damages, and dividing the award)
- Probate Code section 6401 (a surviving spouse's share)
- Probate Code section 6402 (who inherits when there is no will)
- Family Code section 297.5 (rights of registered domestic partners)
- Code of Civil Procedure section 377.34 (damages in a survival claim)
- Code of Civil Procedure section 335.1 (two years for a death)
- Probate Code section 6452 (when a parent does not inherit from a child)
- Probate Code section 6454 (stepchildren and foster children as heirs)
