Death of a Contractor
CSLB recognizes what a difficult time it can be when someone dies. Family, friends, business associates, and colleagues all mourn. On behalf of CSLB, please accept our condolences for your loss. CSLB is also here to help transition the license(s) involved to either be passed on, continued, or canceled depending on the circumstances and the license type. This page provides some options for a licensed business after the passing of any individual listed as a part of the license.
The first step is to notify CSLB in writing of the passing of the individual by sending a copy of the death certificate or obituary. CSLB must be notified in writing within 90 days of a licensee’s passing.
The next steps will depend on the type of license and the position or title that the deceased individual held on the license.
ONLY A SOLE OWNER, PARTNERSHIP, OR JOINT VENTURE LICENSE MAY APPLY FOR A CONTINUANCE OF THE LICENSE.
CORPORATIONS AND LIMITED LIABILITY COMPANIES ARE NOT ELIGIBLE FOR A CONTINUANCE OF THE LICENSE.
The following actions will be taken after the passing of an individual on a license.
Sole Ownership
The sole owner license will be canceled as of the date of passing. A request for a continuance of the license may be submitted if it is a family business, for up to one year from the time of the owner’s passing, depending on CSLB requirements. The request for a continuance must be filed by an immediate family member within 90 days of the owner’s passing. To continue the family business past the continuance date, an immediate family member will need to apply for a new license. They may also request to have the original license number reissued to the newly created license and request a family waiver under certain conditions.
License Continuance Request form
Application for Original Contractor License – Examination Waiver
Upon the death of a Responsible Managing Employee (RME) on a sole owner license, an application to replace the qualifier will need to be submitted. The RME may be replaced by a new RME or the owner on the sole owner license, if qualified.
Application for Replacing the Qualifying Individual
Direct/immediate family members are defined as a spouse, father, mother, brother, sister, son, daughter, stepdaughter, stepson, grandson, granddaughter, son-in-law, daughter-in-law. (Business and Professions Code section 7075.1 (d)).
Partnership
When a qualifying partner or general partner has passed away, the remaining partner(s) must send written notice to CSLB in the form of a copy of the death certificate or obituary to disassociate the person from the license. This will result in the cancellation of the license as of the date of passing. However, a continuance may be requested by the remaining partner(s) to finish work in progress and undertake new work. The remaining partner or partners must apply for a new license to contract or work after the continuance expires.
License Continuance Request form
Application for Original Contractor License
Application for Original Contractor License – Examination Waiver
The death of a limited partner must be reported to CSLB by the remaining partner(s) within 90 days of the passing. The death will not affect the partnership license unless the partnership license has only one limited partner. In this case, the license will be canceled upon the death of the limited partner unless a new limited partner is added to the license within 90 days of the death of the lone limited partner. The remaining general partner or partners can file a request for continuance of the license to finish work in progress and undertake new work.
License Continuance Request form
Application to Add A New Limited Partner to an Existing Partnership License
Joint Venture
If a death results in the cancellation of one of the licenses of a joint venture, the joint venture license will be canceled as well. A request for a continuance can be filed by the remaining licensee(s) of the joint venture to complete current work, if filed within 90 days of death. The remaining entity or entities must apply for and obtain a new license to undertake new work and to continue contracting after the continuance expires.
License Continuance Request form
Application for Joint Venture License
Corporation or Limited Liability Company
Upon the death of the qualifier on a corporate or limited liability company license, a new qualifier will need to be added within 90 days, using the Application to Replace the Qualifier.
Application for Replacing the Qualifying Individual
A licensee may petition for one 90-day extension if an Application to Replace the Qualifier has been filed in a timely manner.
Upon the death of a non-qualifying officer, member, or manager on a corporate or LLC license, no action is needed other than a notice to CSLB in the form of a death certificate or obituary within 90 days of the passing to disassociate the person from the license. If new personnel need to be added to the license because of the passing, the licensee should submit an Application to Add New Personnel to an Existing Corporation or LLC.
Application to Add New Personnel to Existing Corporate or LLC License
To Inactivate a License
If the death of an individual associated on a corporate or LLC license would require the business to shut down while reorganizing, the entity can file to inactivate the license during this downtime. Other authorized personnel on the license can file the Application to Inactivate a License.
Application to Inactivate Contractor’s License
Note: No work may be performed and no contracts may be made during the time the license is inactive.
To Cancel a License
If no further work is in process and the license will not be continued after the passing of an individual or in the future, the license may be canceled. Once canceled, the license cannot be reinstated. To cancel a license, complete the following steps depending on the type of license.
Sole Owner - The owner of a sole owner license must sign the request for voluntary cancellation. In the case of the owner’s death, a family member or administrator of the estate must sign the request, state the date of death, and provide a copy of the death certificate.
Partnership - If a partnership license must be canceled due to the disassociation of a partner, a general partner must sign the request and state the date of disassociation. In the case of a partner’s death, a remaining partner must sign the request, state the date of death, and provide a copy of the death certificate.
Corporation - To cancel a corporate license, two officers listed on the license, or the remaining officer if only one officer remains, must sign the request, and state the date of the event causing cancellation or enclose a copy of the corporate minutes documenting the dissolution or merger, or enclose a copy of the dissolution papers issued by the California Secretary of State.
Limited Liability Company (LLC) - To cancel a limited liability company license, two members, managers, or officers listed on the license, or the remaining member or officer if only one remains, must sign the request, and state the date of the event causing cancellation, or enclose a copy of the dissolution papers issued by the California Secretary of State.
Joint Venture - To cancel a joint venture license, one of the official personnel (other than an RME) listed in CSLB’s records for the license of any of the businesses forming the joint venture must sign the request and state the date of the event causing the cancellation.
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