Legal Question in Wills and Trusts in California
Judicial Council Form MC-053
Judicial Council form MC-053 -- Order Granting Attorney's Motion to be Relieved as Counsel on page 2 under NOTICE TO CLIENT refers to people who cannot represent themselves, including conservator and personal representative. I have reviewed the code sections that support that form (CCP and Rules of Court)and I cannot find authority to support that statement. Can anyone point me in the right direction? I have also reviewed Rutter Group, Probate, etc. and nothing speaks to that. What am I missing? Any help is greatly appreciated.
1 Answer from Attorneys
Re: Judicial Council Form MC-053
Corporations are not permitted to represent themselves. It seems you're more interested in the probate context. A nonattorney personal representative may not prosecute a general civil (non-probate) action in pro per on behalf of the estate. Hansen v. Hansen (2003) 114 Cal.App.4th 618, 621, 7 Cal.Rptr.3d 688, 691. But whether a nonlawyer representative of a decedent's estate may appear in pro per on behalf of the estate in matters within probate proceedings or whether nonlawyer executors or administrators may represent themselves in probate proceedings affecting their personal rights remains undecided. Hansen, supra [not deciding that issue]
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
