A probate court monitors the probate process, which means the probate court can also have an executor removed. You can petition the court to have the executor removed, and once the old executor is removed, the court will find another representative to handle the estate.
Under California law, any interested person or heir can petition for the removal of a personal representative or executor. The petitioning party must state the reasons they believe the court should remove the individual.
To be nominated to be the Executor of a Will imposes upon the person so appointed a fiduciary duty to adhere to the terms of the Will in conformity with California law. That duty can impose personality liability upon the Executor should he or she fail to perform as required.
If an executor is not communicating with beneficiaries, beneficiaries have a right to petition the court to try to compel the executor to provide information.
If you disagree with the decisions taken by the executor of a deceased loved one's estate, consulting with an experienced California will and estate contest attorney is important to protect your rights.
If the executor fails to meet their legal obligations, a beneficiary can sue them for breach of fiduciary duty. If there are multiple beneficiaries, all must agree on whether to sue an executor.
Progress from filing a formal complaint, include factual evidence showcasing the executor's breach of fiduciary duty. Evidentiary support might consist of documentation of misappropriated funds, proof of unpaid estate debts, or records of negligent misconduct.
Be sure that all debts, taxes, and expenses are paid or provided for before distributing any property to beneficiaries because you may be held personally liable if insufficient assets do not remain to meet estate expenses.
While California law grants executors considerable authority in managing estate assets, the powers of an executor of a will are limited by the fiduciary duties owed to the estate and its beneficiaries. This means that executors are legally required to act in the best interests of the estate and its beneficiaries.
Your probate attorney can take legal action to remove the executor from their position and even sue them for financial damages. There are various methods of removing or suing an executor who is avoiding their responsibilities, including: Petitioning the probate court to push the executor to perform their duties.
Timeline for Settling Estates in California
The courts take steps to move the process along, and the executor of an estate generally has 12 months to complete the probate process and pay heirs or beneficiaries from the estate.
If they are not settling the deceased's estate and moving the process along, someone else should take over. An executor can also be brought to court if they do not communicate with the beneficiaries. People should be told right away if they are included in a will.
The court will then appoint another executor. Typically, the deceased person's will includes successor executors if one does not wish to or is unable to serve.
Lawyers can charge a wide range of fees, but it's pretty common for the cost to be anywhere between $100 - $500.
Often, an executor simply does nothing to administer an estate—doesn't collect assets, doesn't pay debts, and doesn't give the beneficiaries their inheritance. This is a blatant example of fiduciary neglect.
Executors who violate their duty may face legal action by beneficiaries or creditors, although they cannot be held accountable for a decline in asset value unless it resulted from their unreasonable actions.
Executors are bound to the terms of the will, which means they are not permitted to change beneficiaries. The beneficiaries who were named by the decedent will remain beneficiaries so long as the portions of the will in which they appear are not invalidated through a successful will contest.
Consider Probate Litigation
Probate litigation typically occurs when beneficiaries believe the executor has violated their fiduciary duty, such as by mismanaging assets, failing to communicate, or acting against the interests of the estate. It can also happen when there is evidence that a will is invalid.
Vulnerabilities of Inheritances to Lawsuits. Sadly, the answer to the question, “Can your inheritance be at risk of a lawsuit?” is “yes.” If you and your family members aren't careful, you may risk losing some or all of an inheritance during a legal battle.
As an executor, you must provide a formal accounting at least once a year, but beneficiaries can request an informal probate accounting in California at any time. When they do, you must produce it.
Remove the executor. If the court finds that the executor hasn't been following the will, has been stealing from the estate or in any other way not performing their fiduciary duty, it can remove the executor and appoint a successor executor. File criminal charges.
While executors have discretion in some areas, your core decision-making is bounded by: The deceased's will. You must follow their distribution wishes rather than diverging based on your own judgments.
Before an executor can provide any funds to a beneficiary, they have to ensure that all the deceased's bills, taxes, and estate administration expenses are paid. The executor must notify any known creditors of the death so those creditors can make a claim against the estate.