Legal Question in Wills and Trusts in California

The answer to your question is going to depend on several issues.

Determining how to proceed with an action when a party dies begins with determining if the claim survives death. Generally, most claims for or against a party survive the death of that party. (Code Civ. Proc., sect. 377.20.) Some aspects of a claim die with the decedent, such as punitive damages, pain and suffering, and emotional distress.

If litigation has already been commenced and the plaintiff dies, special procedures must be followed. Either the personal representative of the decedent or a successor in interest may continue the action as to claims that survive.

If the litigation has not yet commenced, a different rule applies. So long as the action is one that survives death, the personal representative may commence the action on behalf of the decedent any time before the later of six months after the decedent's death or within the limitations period that would have been applicable had the person not died. (Code Civ. Proc., sect. 366.1.)

Determining the limitations period that would have been applicable, had not the decedent died depends on the underlying cause of action, or "theory" or recovery. In California, the statute of limitations for conversion is 3 years in accordance with Code of Civil Procedure section 338, subdivision (c).

There are many picky procedural issues and it is best that you consult with a competent attorney to make sure you don't lose based on some procedural defect.