Peralta v. Sanchez

Summary

A non-attorney executor and personal representative of a decedent's estate cannot appear in propria persona to prosecute claims against third parties for the benefit of the estate's beneficiaries, even when those claims are filed within probate proceedings under Probate Code section 850. The court held that such conduct constitutes the unauthorized practice of law, distinguishing cases where a fiduciary appears pro per in matters personal to the office (e.g., accounting) or in disputes between trustees and beneficiaries. The appeal was dismissed because the appellant's briefs and pleadings, filed without counsel, were stricken as unlawfully filed.

Holdings

1. A personal representative who is not a licensed attorney cannot appear in propria persona to prosecute claims against third parties for the benefit of the estate's beneficiaries, even if the claims are filed in the probate proceeding under Probate Code section 850.

Questions Presented

1. Whether a personal representative of an estate who is not a licensed attorney may appear in propria persona in a probate proceeding to prosecute claims against third parties for the benefit of the estate's beneficiaries.

Disposition

dismissed