Hansen

We publish our opinion to confirm the principle announced in City of Downey v. Johnson (1968) 263 Cal.App.2d 775, 780 [ 69 Cal.Rptr. 830 ] that a conservator, executor, or personal representative of a decedent’s estate who is unlicensed to practice law cannot appear in propria persona on behalf of the estate in matters outside the probate proceedings. When such a nonlawyer brings a nonprobate action in propria persona on behalf of the estate, the proper appellate remedy is to reverse with directions for the trial court to strike the complaint.

Patricia A. Hansen (Patricia), claiming to be the personal representative of the estate of Betty J. Hansen, sued Christine M.L.R. Hansen (Christine), purporting to allege claims for breach of contract, fraud, misrepresentation, and breach of fiduciary duty. Patricia filed the complaint as a general civil matter, not as a petition within the probate matter opened for the estate of Betty J. Hansen. The trial court sustained Christine’s demurrer to the second amended complaint without leave to amend, and Patricia appealed from the subsequent judgment of dismissal. Patricia is not licensed to practice law. Although Patricia retained…