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By: Scott Grossman on August 5th, 2016

What Are the Options When a California Probate Executor Takes Too Long?

Handling the probate of a California estate is an important responsibility. For many individuals named as the executor under a loved one’s will, the probate process may also be a new experience. In addition to having to carry on with his or her day-to-day responsibilities, the executor attends to court deadlines, observes California probate rules, and oversees the administration of a loved one’s property. Unfortunately, when the executor does not have sufficient help in the form of an experienced Riverside probate lawyer, sometimes the job goes unfinished. What does this mean for the beneficiaries of the estate? The following is an overview:

  • The beneficiaries of the estate can petition the probate court to have the executor removed.
  • The beneficiaries can petition the probate court to appoint a replacement executor.
  • The beneficiaries will have to prove that the executor has neglected or mishandled the estate in order to successfully have him or her removed.
  • The beneficiaries will have to provide evidence of such neglect, such as a failure to file an inventory, mismanagement of estate assets, failure to locate assets of the decedent, failure to pay the debts or taxes of the estate, or failure to provide the required notices to beneficiaries, heirs, creditors, and other interested parties.
  • In some cases, the beneficiaries may also have a claim for damages against the executor in addition to the ability to have him or her removed and replaced.

If you are the beneficiary of an estate and feel that the executor is taking too long to administer the estate, contact an experienced attorney immediately to protect your legal rights. View our free guide Trust and Will Litigation in California for more information about your rights under California law.

To learn more about the trust and probate litigation process, contact a probate attorney to discuss your legal options. Call our toll-free number today at (888) 443-6590.