Affidavit of Decedent's Successor California

If a cause of action survives the death of a person entitled to commence it, that cause of action passes to the decedent's successor in interest and the action may be commenced by the decedent's personal representative or by the decedent's successor in interest. ( Code Civ. Proc., 377.30.) However, a person who seeks to commence an action as the decedent's successor in interest, "shall execute and file an affidavit or declaration" under penalty of perjury, stating: (1) the decedent's name; (2) the date and place of decedent's death; (3) that no proceedings are pending in California for the administration of the decedent's estate; (4) either that the declarant is the decedent's successor in interest or is authorized to act on behalf of the decedent's successor in interest; (5) that no other person has a superior right to commence the action or proceeding for the decedent. ( Code Civ. Proc., 377.32, subds. (a), (b).) Further, if the decedent's estate was administered, the declarant must produce a copy of the final order showing distribution of the decedent's cause of action to the successor in interest. ( Code Civ. Proc., 377.32, subd. (a)(4).) Additionally, Code of Civil Procedure section 377.33 provides, "the court in which an action is commenced . . . may make any order concerning the parties that is appropriate to ensure proper administration of justice in the case, including appointment of the decedent's successor in interest as a special administrator or guardian ad litem." the Law Revision Commission comment to that section states: "The court in which the action or proceeding is pending has authority to resolve questions concerning the proper parties to the litigation and to make conclusive and binding orders, including determinations of the right of a successor in interest to commence or continue an action or proceeding. . . ." (Cal. Law Revision Com. com., 14 West's Ann. Code Civ. Proc. (2000 supp.) foll. 377.33, p. 44.) the Probate Code indicates that property transferred upon a decedent's death is that which has some monetary value or is tangible. (See, e.g., Prob. Code, 13002 [holder of property with respect to any particular item of property or person owing money to the decedent], 13004 [particular item of property defined as that sought to be collected, transferred or received], 13050 [exclusions in determining property value], and 13100 [transfer of personal property without probate when value does not exceed $ 100,000].)