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Executor’s Duties in California: What Happens If They Breach Their Fiduciary Duty?

By October 24, 2025No Comments
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Table of Contents

Key Takeaways

  • Under California law, executors have fiduciary duties to act honestly, diligently, and in the best interest of all beneficiaries.
  • Breaches of duty can include hiding assets, delaying distributions, or mishandling estate funds.
  • Beneficiaries have the right to demand a full accounting and take legal action in probate court if the executor fails to perform.
  • The Grossman Law Firm helps beneficiaries throughout California hold executors accountable for breaches of fiduciary duty.

Understanding the Executor’s Duties

When someone passes away, the executor (also called a personal representative) is appointed to manage the estate through the California probate process. Their role is not merely administrative — it’s a fiduciary duty governed by California Probate Code §§ 9600–9653.

Executors must:

  • Identify, secure, and inventory all estate assets.
  • Notify creditors and pay valid debts and taxes.
  • Keep beneficiaries fully informed.
  • Distribute estate assets according to the will.

Each of these steps must be done with transparency, accuracy, and integrity. Any failure to act in good faith can expose the executor to personal liability for breach of fiduciary duty.

Common Ways Executors Breach Their Duties

Under California law, executors must act with care, fairness, and integrity. Unfortunately, many fail to meet this standard. Some of the most common breaches include:

  • Failing to provide information – Refusing to disclose the estate’s financial details or delaying reports.
  • Mismanaging assets – Selling property below market value or neglecting investments.
  • Unequal treatment of beneficiaries – Favoring one heir over others.
  • Improper payments – Paying themselves or others without court approval.
  • Delays in administration – Taking years to close the estate without justification.

Each of these actions can harm beneficiaries financially — and emotionally — by delaying or reducing their rightful inheritance.

Warning Signs of Executor Misconduct

If you’re a beneficiary or heir, it’s important to recognize early warning signs that the executor may not be fulfilling their legal duties. Watch for these red flags:

  • The executor ignores your requests for updates or documentation.
  • There’s no clear record of estate assets or distributions.
  • Property is sold or transferred without your knowledge.
  • The probate case seems stalled without explanation.

Under California Probate Code §10900, beneficiaries are entitled to a formal accounting showing all estate income, expenses, and distributions. If the executor refuses to provide one—or delays without good reason—it’s a serious warning sign that something may be wrong.

At The Grossman Law Firm, we frequently see cases where an executor’s lack of transparency hides deeper issues such as mismanagement, favoritism, or even asset diversion. Our team helps beneficiaries uncover the truth through legal tools such as petitions to compel an accounting, discovery requests, and court-ordered removals when necessary.

What Beneficiaries Can Do

If you suspect the executor is breaching their fiduciary duty, here are the steps you can take:

  1. Request an accounting in writing. It should outline all money and property handled by the executor.
  2. Petition the probate court to compel the executor to perform their duties or provide an accounting.
  3. Ask for the removal of the executor if misconduct or mismanagement is proven.
  4. Seek damages to recover losses caused by fraud, negligence, or misuse of estate funds.

Taking legal action against an executor can feel overwhelming, but you don’t have to navigate it alone.

The Grossman Law Firm represents beneficiaries and heirs throughout California who need to enforce their rights during probate disputes. We investigate potential breaches, pursue court orders, and ensure executors are held accountable under California law.

Related Resources

FAQ

What happens if an executor hides assets?

The court can order the executor to account for the missing property, impose fines, and remove them from their position. In some cases, they may be personally liable for the loss.

Can You Sue an Executor for Breach of Duty?

Yes. Beneficiaries can file a petition in probate court for breach of fiduciary duty under California Probate Code §9601.

How long does an executor have to close an estate in California?

Typically, an executor has about 1 year from the date of appointment to complete the administration, unless the court grants more time.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights when executors fail to perform their duties. Whether you are questioning the accuracy of your accounting, seeking to remove an unfit executor, or seeking recovery of mismanaged estate funds, our team can help.

Call (888) 443-6590 or fill out our  Get Help Now form.

Our Intake Specialists can evaluate your case at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.

Originally Published: Jun 18, 2018