Pro Se Executors - Unauthorized Practice of Law, or Not?

Abstract:     
In Texas, a probate attorney's client is the executor - not the "estate" or the beneficiaries. This keeps professional responsibilities relatively clear for the attorney. This clear rule is undermined, however, by the "Minnesota rule" adopted by some Texas probate courts. The Minnesota rule denies the rights of executors to appear without an attorney. The premise is that the beneficiaries - rather than the executors - have the legal rights subject to attorney-client representation during an estate administration. While pro se rights at first glance might not seem of much interest to many probate attorneys, the underlying issue of client identity in estate administration is of vital interest. The high fiduciary duties of executors suggests caution to anyone considering proceeding pro se.

Number of Pages in PDF File: 53

Keywords: pro se, texas, independent administration, probate, estate, professional responsibility, fiduciary

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