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§ 751.28.Person Holding Possession In Right of Another Filing Notice and Affidavit

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 751.28 lets an executor, administrator, guardian, conservator, or other person holding possession of property in the right of another make, sign, verify, and record the notice and affidavit described in this chapter on behalf of the estate or interest represented.

Full Text of § 751.28

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An executor, administrator, guardian, conservator, or other person holding the possession of property in the right of another, may make, sign, verify, and file for record the notice and affidavit provided for in this chapter on behalf of the estate or interest which he represents.

Plain-English Summary

Much as § 751.21 lets a fiduciary sue or defend under this chapter on behalf of someone else's interest, this section extends the same fiduciary authority to the alternative notice-and-affidavit path in § 751.23. An executor, administrator, guardian, conservator, or other person holding possession of property in the right of another can make, sign, verify, and file the notice and affidavit for record, acting on behalf of the estate or interest represented rather than in a personal capacity.

Together, these two sections make sure that whichever route a claimant takes under this chapter — filing an action or recording a notice of ownership — a fiduciary holding possession for someone else's benefit isn't excluded from either option.

Frequently Asked Questions

Can a fiduciary file the notice of ownership described in § 751.23 on behalf of an estate?

Yes. Section 751.28 lets an executor, administrator, guardian, conservator, or other person holding possession in the right of another make, sign, verify, and record that notice and affidavit.

Is this different from a fiduciary's authority to sue or defend under § 751.21?

No, it's the parallel authority for the notice-and-affidavit route rather than for bringing or defending a lawsuit.

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: fiduciary notice of ownership destroyed records law