Sample declaration under section 377.32 of the code of civil procedure

This sample declaration under Section 377.32 of the California Code of Civil Procedure is used by the sucesssor in interest such as a beneficiary or heir of a decedent who died. The declaration is used only when there is NO probate proceeding pending in any California Court for the administration of the decedent's estate, yet the successor in interest wishes to commence or maintain a legal action against another party after the death of the decedent. The auithor is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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DECLARATION OF _______ PURSUANT TO SECTION 377.32 OF THE CODE OF CIVIL PROCEDURE
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Any Attorney or Party
Any Street
Any Town, CA 99999

555-555-5555

Any attorney or party







Superior Court of the State of California
For the County of ____________



Any Plaintiff,
Plaintiff,
vs.
Any Defendant, Does 1-50, inclusive,
Defendants.
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Case No.


DECLARATION OF __________ PURSUANT TO
SECTION 377.32 OF THE CODE OF CIVIL
PROCEDURE





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address. Be sure to remove this notice and all other notices before

using this document.

I, _______, declare as follows:

1. I am over the age of 18 years. I have personal knowledge of the facts contained in

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DECLARATION OF _______ PURSUANT TO SECTION 377.32 OF THE CODE OF CIVIL PROCEDURE
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this declaration, and if called as a witness I could and would testify competently to the truth of the
facts stated herein.
2. I am the _______ of ___________, who died on __________ at ______, California.
3. No proceeding is now pending in the State of California for administration of the
Estate of _______________________.
4. I am one of the successors in interest to ______________, as defined in Section
377.11 of the Code of Civil Procedure, and succeed to their interest in the above-entitled proceeding.
5. I am authorized by the other successors in interest to ________________ to act on
their behalf in the above-entitled proceeding.
6. No other person has a superior right to commence the above-entitled proceeding or to
be substituted for ______________________ in the above-entitled proceeding.
7. A certified copy of the death certificate for ___________ is attached hereto as
Exhibit “A” and incorporated herein by reference.
I declare under penalty of perjury under the laws of the State of California that the foregoing

is true and correct and that this declaration is executed on __________________,2013 at _____,

California.

_____________________________________________
NAME OF PERSON SIGNING DECLARATION