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By: Scott Grossman on June 18th, 2018

Executor Fails to Follow the Terms of Will, may Need Litigation

When an executor fails to follow the terms of a will and distributes assets outside of the probate proceedings, it is vital for the beneficiaries to consider pursuing probate litigation. Assets that pass under the terms of a will must be distributed as part of a probate administration.

Unfortunately, there are times when an executor fails to follow the terms of a will. The result could be harm to the assets and a loss of an inheritance.

Generally, the types of assets that will be distributed according to California will include:

  1. First of all, assets that were owned in the decedent’s name individually
  2. Also, assets that did not have a named beneficiary
  3. Furthermore, assets that were not held in a living trust
  4. Additionally, assets that are payable to the estate of the decedent
  5. Lastly, assets that are held as “tenants in common”

In conclusion, if the executor of the estate is attempting to distribute any of these types of assets outside of the probate process or the executor fails to follow the terms in a California will, it is vital to consider probate litigation proceedings. Waiting too long to take action could result in permanent damage to your inheritance.

  • Executor (noun): A person named in a Will is the person who will make sure that the instructions in the Will are followed. They are responsible for executing the Will and are either appointed by the court or by the deceased person. They are responsible for taking care of a deceased person’s financial obligations. Financial obligations include disposing of property and paying bills and taxes. The executor must also make certain that the deceased last wishes are carried out according to the Will.


If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.