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.