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California Code of Civil Procedure Section 377.32

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 377.32

377.32.  (a) The person who seeks to commence an action or
proceeding or to continue a pending action or proceeding as the
decedent's successor in interest under this article, shall execute
and file an affidavit or a declaration under penalty of perjury under
the laws of this state stating all of the following:
   (1) The decedent's name.
   (2) The date and place of the decedent's death.
   (3) "No proceeding is now pending in California for administration
of the decedent's estate."
   (4) If the decedent's estate was administered, a copy of the final
order showing the distribution of the decedent's cause of action to
the successor in interest.
   (5) Either of the following, as appropriate, with facts in support
thereof:
   (A) "The affiant or declarant is the decedent's successor in
interest (as defined in Section 377.11 of the California Code of
Civil Procedure) and succeeds to the decedent's interest in the
action or proceeding."
   (B) "The affiant or declarant is authorized to act on behalf of
the decedent's successor in interest (as defined in Section 377.11 of
the California Code of Civil Procedure) with respect to the decedent'
s interest in the action or proceeding."
   (6) "No other person has a superior right to commence the action
or proceeding or to be substituted for the decedent in the pending
action or proceeding."
   (7) "The affiant or declarant affirms or declares under penalty of
perjury under the laws of the State of California that the foregoing
is true and correct."
   (b) Where more than one person executes the affidavit or
declaration under this section, the statements required by
subdivision (a) shall be modified as appropriate to reflect that
fact.
   (c) A certified copy of the decedent's death certificate shall be
attached to the affidavit or declaration.

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Last modified: March 17, 2014