Reaching out to your loved one’s estate executor should not be stressful. The last thing you need during a time of grief is an executor who remains silent during the probate process. As the heir or beneficiary, you have a legal right to transparency.
An executor’s responsibilities during probate
In California, executors are bound to their fiduciary duty in probate, including providing a detailed financial snapshot of the estate’s activities. Under state law, an executor has one year to manage a simple estate and 18 months to administer a complex estate.
By these deadlines, the executor must file a petition for final distribution or a Status Report of Administration. This document explains why the estate remains open. If your executor fails to file such a document, the court can order an accounting.
Your right to request a formal accounting
Under Probate Code 10950, if you are an heir or beneficiary, you can file a petition with the court if you have not received an update within a year of an executor’s appointment. If approved, the court may compel the executor to produce a formal report containing these elements:
- The estate’s entire inventory
- The decedent’s income
- Any gains or losses that occurred during probate
- Any disbursements for debts, taxes, funeral costs or lawyer fees
- A listing of the current property on hand
This formal accounting serves to protect the decedent’s beneficiaries and heirs. It creates a paper trail that holds the executor liable if the estate’s assets go missing.
Taking immediate action
Protecting your deceased loved one’s estate is imperative. If you suspect that the executor has breached their fiduciary duty, seek legal assistance instead of waiting indefinitely. An attorney can help you file a formal accounting request and offer advice on safeguarding your family’s inheritance.