Sample declaration under section 377.32 of the code of civil procedure
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This document is a legal declaration submitted in the Superior Court of California, evidencing that the declarant is over 18, has personal knowledge of the estate of a deceased individual, and confirms no administration proceedings are pending. The declarant asserts their role as a successor in interest and is authorized by other successors to act on their behalf. It includes a certification of the death certificate as an exhibit and is executed under penalty of perjury.
Sample declaration under section 377.32 of the code of civil procedure
- 1. 1 Any Attorney or Party Any Street 2 Any Town, CA 99999 3 555-555-5555 4 Any attorney or party 5 6 7 8 Superior Court of the State of California 9 For the County of ____________ 10 11 Any Plaintiff, ) Case No. ) 12 Plaintiff, ) ) DECLARATION OF __________ PURSUANT TO 13 vs. ) SECTION 377.32 OF THE CODE OF CIVIL ) PROCEDURE 14 Any Defendant, Does 1-50, inclusive, ) ) 15 Defendants. ) ) 16 ) ) 17 ) ) 18 ) 19 20 To subscribe to my FREE California weekly legal newsletter visit 21 22 http://www.legaldocspro.net/newsletter.htm and enter your e-mail 23 address. Be sure to remove this notice and all other notices before 24 25 using this document. 26 I, _______, declare as follows: 27 1. I am over the age of 18 years. I have personal knowledge of the facts contained in 28 - 1 - DECLARATION OF _______ PURSUANT TO SECTION 377.32 OF THE CODE OF CIVIL PROCEDURE
- 2. 1 this declaration, and if called as a witness I could and would testify competently to the truth of the 2 facts stated herein. 3 2. I am the _______ of ___________, who died on __________ at ______, California. 4 3. No proceeding is now pending in the State of California for administration of the 5 Estate of _______________________. 6 7 4. I am one of the successors in interest to ______________, as defined in Section 8 377.11 of the Code of Civil Procedure, and succeed to their interest in the above-entitled proceeding. 9 5. I am authorized by the other successors in interest to ________________ to act on 10 their behalf in the above-entitled proceeding. 11 6. No other person has a superior right to commence the above-entitled proceeding or to 12 13 be substituted for ______________________ in the above-entitled proceeding. 14 7. A certified copy of the death certificate for ___________ is attached hereto as 15 Exhibit “A” and incorporated herein by reference. 16 I declare under penalty of perjury under the laws of the State of California that the foregoing 17 is true and correct and that this declaration is executed on __________________,2013 at _____, 18 19 California. 20 _____________________________________________ NAME OF PERSON SIGNING DECLARATION 21 22 23 24 25 26 27 28 - 2 - DECLARATION OF _______ PURSUANT TO SECTION 377.32 OF THE CODE OF CIVIL PROCEDURE