Legal Question in Wills and Trusts in California

Serving Probate Docs by Attorney

Can an attorney representing the executor serve documents himself, by mail? Isn't he considered a ''party of the action?'' I am representing myself pro per, I cannot serve papers. Can you please cite the pertinent code?


Asked on 3/26/09, 1:25 am

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Serving Probate Docs by Attorney

Your premise is wrong. An attorney is an officer of the court, s/he is not a "party of the action." You cannot serve papers because you're a party.

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Answered on 3/26/09, 1:38 am
Michele Cusack Pollak & Cusack

Re: Serving Probate Docs by Attorney

Yes, the attorney for the exectutor may serve notices, etc. As a party, you cannot, but since you're pro per, you can prepare the paperwork and have a friend sign the proof of service and put the envelopes in a mailbox. It doesn't have to be anyone with any particular qualifications. The statute is Code of Civil Procedure � 1013a.

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Answered on 3/26/09, 2:27 am


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