§ 377.32.Affidavit Or Declaration By Successor In Interest

Title 3. Of the Parties to Civil Actions · Chapter 4. Effect of Death · Article 3. Decedent's Cause of Action · Enacted 1992 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 377.32 requires a person commencing or continuing an action as the decedent's successor in interest to file a sworn affidavit or declaration covering the decedent's identity, death, estate status, basis for succession, and lack of any superior claim, with a certified death certificate attached.

Full Text of § 377.32

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(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.

End

Plain-English Summary

Section 377.32 is the paperwork backbone of a survival action brought without a personal representative. The person proceeding as the decedent's successor in interest must file an affidavit or a declaration under penalty of perjury stating the decedent's name, the date and place of death, and that no proceeding for administration of the decedent's estate is currently pending in California.

If the estate was administered, the affidavit or declaration must include a copy of the final order showing distribution of the cause of action to the successor. It must also state, with supporting facts, either that the person signing is the decedent's successor in interest as § 377.11 defines that term, or that the person is authorized to act on behalf of that successor, and it must state that no one else has a superior right to bring or be substituted into the action.

Subdivision (b) adjusts the required statements when more than one person signs the affidavit or declaration together, and subdivision (c) requires a certified copy of the decedent's death certificate to be attached.

Frequently Asked Questions

What must the affidavit or declaration under § 377.32 say?

It must state the decedent's name, the date and place of death, that no California probate proceeding is currently pending, facts establishing the affiant's status as successor in interest (or authority to act for one), and that no one else has a superior right to the claim.

What if the decedent's estate has already gone through probate?

Section 377.32(a)(4) requires attaching a copy of the final order showing distribution of the decedent's cause of action to the successor in interest.

Is a death certificate required with this affidavit?

Yes. Section 377.32(c) requires a certified copy of the decedent's death certificate to be attached to the affidavit or declaration.

What if more than one person qualifies as a successor in interest?

Section 377.32(b) requires the statements to be modified as appropriate to reflect that more than one person is executing the affidavit or declaration.

Amendment History

Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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