Legal Question in Business Law in California

The general rule in contract law is that only contracts calling for personal services are terminated by the death of a party. If I agree to pay Picasso ten million pesetas to paint my portrait, and Picasso dies before he finishes, I am not obligated to let his assistant complete the portrait, nor to pay Picasso's estate. On the other hand, if I contract with Smith & Jones to paint my garage, and I die before they start, my estate will be liable when Smith & Jones complete the work and tender their bill.

Generally a contract continuies to bind the estate and the personal representative. Is the contract for a specific term? Has that term expired? The actual terms of the contract will govern the relationship even after death unless there are other stated conditions. Just as the death of the owner does not eliminate the mortgage, a contract may continue.