As a "fiduciary" of the estate and beneficiaries, the executor has a duty of trust and responsibility. This means that, if you suspect the executor is engaging in fraudulent activities or mismanagement, you have options.
After you have collected evidence of the executor's misconduct, you can file a petition with the probate court to compel the executor to abide by the dispositions of the will. If the court agrees with your allegation, the court will order the executor to correct the situation within a specific deadline. Failure to do so will prompt the court to consider his or her removal as executor of the estate. The court may appoint a new executor or agree to one proposed by the heirs and beneficiaries.
You may also file a petition for an accounting. If accepted by the court, the executor will be required to provide a detailed accounting report of all the amounts and assets that have come in and out of the estate. If there is evidence of theft, criminal charges may be filed in a civil court.
Finally, the California probate code authorizes the removal of an executor if he or she:
- Has embezzled, mismanaged, or wasted the assets of the estate
- Has committed fraud or is planning to do so
- Is incapable or unqualified to execute the duties
- Is negligent and fails to act
- Or for any other reason authorized by the law