General rules: Contents of pleading; effect of certain orders binding persons; notices; appointment of guardian ad litem or attorney.
1. In a proceeding involving the estate of a decedent or a testamentary trust:
(a) Interests to be affected must be described in pleadings that give reasonable information to owners by name or class, by reference to the instrument creating the interest or in another appropriate manner.
(b) An order binding the sole holder or all co-holders of a power of revocation or presently exercisable general power of appointment, including a power of amendment, binds other persons to the extent their interests, as objects, takers in default or otherwise, are subject to the power.
(c) To the extent there is no conflict of interest between them or among persons represented:
(1) An order binding a guardian of the estate binds the person whose estate he controls.
(2) An order binding a guardian of the person binds the ward if no separate guardian of his estate has been appointed.
(3) An order binding a trustee binds beneficiaries of the trust in a proceeding to probate a will establishing or adding to the trust, to review the acts or accounts of a previous fiduciary, or involving creditors or other third parties.
(4) An order binding a personal representative binds persons interested in the undistributed assets of the estate of a decedent in an action or proceeding by or against the estate.
(d) If there is no conflict of interest and no guardian of the estate has been appointed, a parent may represent his minor child.
(e) An unborn or unascertained person who is not otherwise represented is bound by an order to the extent his interest is adequately represented by another person having a substantially identical interest in the proceeding.
(f) Notice as prescribed by this title must be given to every interested person or to one who can bind an interested person under subsection (b), (c) or (d). Notice may be given both to a person and to another who can bind him.
(g) Notice is given to unborn or unascertained persons who are not represented under subsection (b), (c) or (d) by giving notice to all known persons whose interest in the proceeding is substantially identical to that of the unborn or unascertained persons.
(h) At any stage of a proceeding, the court may appoint a guardian ad litem or an attorney to represent the interest of a minor, an incapacitated, unborn or unascertained person, or a person whose identity or address is unknown, if the court determines that representation of the interest would otherwise be inadequate. If not precluded by conflict of interest, a guardian ad litem or an attorney may be appointed to represent several persons or interests. The court shall set out its reasons for appointing a guardian ad litem or an attorney as a part of the record of the proceeding.
2. If an attorney has been appointed for minors or other interested persons, the attorney, until another may be appointed, shall represent the person or persons for whom he has been appointed in all subsequent proceedings.
Last modified: February 25, 2006