General

Fiduciary Duties of Executors and Trustees in California

By February 5, 2026No Comments
fiduciary duties executors trustees California

Table of Contents

Key Takeaways

  • Executors and trustees are fiduciaries under California law.
  • The role of a fiduciary carries strict duties of loyalty, care, transparency, and compliance.
  • Trust disputes arise not only from fraud but also from delays, disorganized records, or unmanaged conflicts of interest.
  • The California probate court may impose a surcharge, remove a fiduciary, or hold them personally liable.

What Fiduciary Duties Mean Under California Law

California law requires fiduciaries to adhere to the highest standard of conduct. Executors and trustees must act in the beneficiaries’ best interests, not for personal advantage.
Executors administer estates through the probate process. By contrast, trustees manage trusts and often do so without ongoing court supervision. Even so, both roles come with the same core responsibilities. Under their fiduciary duty, they must follow the documents, comply with the Probate Code, and manage assets with reasonable care.
As a result, even well-intentioned fiduciaries can breach their duties through delay, poor judgment, or inadequate oversight.
At The Grossman Law Firm, we help fiduciaries and beneficiaries address these matters early to secure their inheritance.

Fiduciary Duties of Executors in California

Executors manage a decedent’s estate during probate. Their authority comes from the will and the probate court. That authority is limited by fiduciary duties owed to beneficiaries.

Duty of Loyalty

Executors must place beneficiary interests ahead of their own. They must avoid conflicts of interest and may not use estate assets for personal benefit.

Duty of Impartiality

When multiple beneficiaries exist, executors must treat them fairly according to the will. Favoring one beneficiary over another violates this duty.

Duty of Care

The executors must administer the estate with reasonable care. As well as diligence. The duty of care includes safeguarding assets, paying debts and taxes, and avoiding unnecessary loss.

Duty to Account

Executors must maintain accurate records and provide accountings when required. Missing documentation often leads to objections and court scrutiny.

Duty to Distribute Assets

Moreover, the executors must distribute the estate assets in accordance with the will and California law, but only after debts and expenses are properly resolved.

Common Executor Breaches

Executor disputes often involve:
  • Personal use of estate funds
  • Poor asset management or neglect
  • Failure to provide an accounting
  • Ignoring the terms of the will
  • Unreasonable delay in administration
These issues frequently give rise to removal petitions or surcharge claims.
For a deeper look at executor responsibilities under California law, see our detailed guide “Executor’s Duties in California: What Happens If They Breach Their Fiduciary Duty?“

Fiduciary Duties of Trustees in California

Trustees administer trust assets for the benefit of beneficiaries. The trustees’ authority comes from the trust instrument and the California Probate Code.

Duty of Loyalty

Trustees must avoid self-dealing and conflicts of interest. Trust assets must never be used for personal benefit.

Duty of Impartiality

The trustee must balance competing beneficiary interests in accordance with the trust terms, even when those interests conflict.

Duty to Act Prudently

Trustees must manage trust assets responsibly. That includes appropriate investment decisions, asset preservation, and risk management.

Duty to Account and Inform

A trustee must keep detailed records. As well as provide beneficiaries with required disclosures and accountings.

Common Trustee Breaches

Trustee disputes often arise from:
  • Self-dealing or conflicts of interest
  • Failure to provide an accounting
  • Improper or risky investments
  • Unauthorized distributions
  • Prolonged inaction or delay
Courts may impose personal liability even if there was no intentional misconduct.
If you suspect your trustee isn’t acting in your best interest, don’t wait. Explore 20 Ways Your Trustee May Be Breaching Their Fiduciary Duties to learn common warning signs and available actions.

Differences Between Executors and Trustees

While both executors and trustees share everyday fiduciary responsibilities, there are crucial differences between the two roles.
  • Executors are appointed to administer a will and oversee the probate process. Their role is temporary and ends once the estate is fully administered and assets distributed.
  • On the other hand, trustees manage trusts, which can be active during the trust maker’s (also known as the grantor’s) lifetime or continue after the trust maker’s death. A trustee may serve for an extended period and is often responsible for ongoing trust management.
Each fiduciary duty is similar, but the key distinction lies in the administration process; executors work within the court’s probate process. At the same time, trustees have more discretion in managing and distributing assets outside of court.

Court-Ordered Remedies Available to Beneficiaries

When fiduciaries breach their duties, beneficiaries have legal options to pursue. If you find yourself in this situation, it is best to talk to a trust and probate litigation attorney to seek relief.
California courts may order:
  • Surcharge, requiring repayment of losses
  • Removal of the executor or trustee
  • Damages, including interest and fees
  • Denial of compensation
The remedies above focus on correcting the harm done by the trustee. Moreover, it protects beneficiaries from neglect and intentional misconduct.
If you suspect your trustee isn’t acting in your best interest, don’t wait. Explore 20 Ways Your Trustee May Be Breaching Their Fiduciary Duties to learn common warning signs and available actions.

When to Involve a Probate or Trust Litigation Attorney

Why Timing Matters in Fiduciary Disputes

Disputes can often escalate quickly once beneficiaries become aware of a trustee’s conduct. Early legal guidance can help:
  • Clarify fiduciary obligations
  • Address beneficiary concerns
  • Respond to objections or petitions
  • Limit exposure to personal liability
Here at The Grossman Law Firm, we have guided our clients through the California probate court for over 25 years. We know how these cases go. If you suspect a breach of duty, please contact The Grossman Law Firm immediately; the longer you wait, the more damage can be done.

FAQ

Do beneficiaries have rights?
Yes, beneficiaries have enforceable rights. They may even seek court relief when duties are breached.
Does every mistake justify the removal of a trustee in a California probate court?
No, in California, not every mistake justifies removal; courts consider severity, harm, and the pattern of conduct.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation. Attorney Scott Grossman focuses exclusively on probate and trust disputes, including fiduciary breach claims.
Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists can evaluate your case at no cost. Qualifying cases will be scheduled for a Free Phone Consultation.
Originally Published January 16, 2025