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§ 751.21.Person Holding Possession of Property In Right of Another As Plaintiff

Title 10. Actions In Particular Cases · Chapter 3.5. Actions to Re-establish Destroyed Land Records · Last amended 1979 · Last verified July 28, 2026

In one sentenceSection 751.21 lets an executor, administrator, guardian, conservator, or other person holding possession of property in the right of another bring an action under this chapter as plaintiff, or appear and defend one, on behalf of the estate or interest represented.

Full Text of § 751.21

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An executor, administrator, guardian, conservator, or other person holding the possession of property in the right of another may maintain as plaintiff, and may appear and defend in, any action provided for by this chapter.

Plain-English Summary

Not everyone holding possession of real property holds it in their own right. This section makes clear that a fiduciary — an executor, administrator, guardian, or conservator — or anyone else holding possession in the right of another, can step into either role this chapter contemplates: bringing the action as plaintiff, or appearing and defending in an action someone else brought.

That flexibility matters because § 751.02's action depends on actual, peaceable possession, which fiduciaries often hold on behalf of an estate, a minor, or a person under conservatorship rather than for themselves. This section confirms that fiduciary possession still supports the action.

Frequently Asked Questions

Can a fiduciary bring this kind of action on behalf of an estate?

Yes. An executor, administrator, guardian, or conservator holding possession of property in the right of another may maintain the action as plaintiff.

Can a fiduciary also defend against someone else's action?

Yes, § 751.21 lets the same categories of fiduciaries appear and defend in an action brought by someone else.

Amendment History

Amended by Stats. 1979, Ch. 730.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: executor guardian conservator destroyed land records action