TrustTrust LitigationTrustee Duties

Fiduciary Duties of Executors and Trustees in California

By August 28, 2026No Comments
What is a Fiduciary Duty
Executors and trustees control property that ultimately belongs to or benefits other people. That authority comes with legal responsibilities.
In California, executors and trustees have fiduciary obligations governing how they manage property, handle conflicts of interest, provide information, and administer an estate or trust. If they breach these duties, beneficiaries may have the right to request that the probate court take action.
Scott Grossman, the founding attorney at The Grossman Law Firm, represents beneficiaries throughout California in cases where an executor’s or trustee’s actions result in probate or trust litigation.

Table of Contents

Key Takeaways

  • Executors and trustees have legal responsibilities concerning property they manage for an estate or trust.
  • Fiduciaries cannot use their position to benefit themselves at the expense of beneficiaries.
  • Their duties can include protecting assets, providing required information or accountings, avoiding improper conflicts, and following the will, trust, and California law.
  • Not every bad decision amounts to a breach of fiduciary duty.
  • When misconduct causes harm, beneficiaries may have options to recover losses, obtain an accounting, or seek the fiduciary’s removal.

What Is a Fiduciary Duty?

A fiduciary duty is a legal obligation that comes with managing property or making decisions for the benefit of someone else.
Both executors and trustees are fiduciaries, but they have different jobs.
An executor is a type of personal representative who administers a probate estate under a will and the supervision of the California probate court.
A trustee administers property held in a trust in accordance with the trust document and California law.
For beneficiaries, the important point is simple: being in control of the property does not mean the fiduciary can do whatever they want with it.

What Fiduciary Duties Does an Executor Have?

California personal representatives must use ordinary care and diligence in managing and controlling estate property. California Probate Code § 9600 establishes that standard and provides for liability when a personal representative’s failure to meet it results in loss or depreciation to the estate.

Protecting Estate Property

An executor takes possession or control of estate property that is subject to administration and must manage it during probate.
That may involve securing real estate, maintaining insurance, collecting estate income, dealing with debts and expenses, and protecting other property until the executor can properly distribute it.

Keeping Estate Property Separate

Estate money is not the executor’s personal money.
A personal representative generally must keep estate funds separate from their own property. Using estate property for personal purposes can raise serious questions about the executor’s conduct.

Accounting for the Estate

Beneficiaries should be able to understand what happened to estate property during the administration.
California probate proceedings include accounting requirements that can show assets received, income, expenses, distributions, and property remaining in the estate.
If money disappears or expenses do not make sense, an accounting may provide the first indication of a larger problem.

What Fiduciary Duties Does a Trustee Have?

California law imposes numerous duties on trustees, including those outlined in California Probate Code §§ 16000–16015 and the Uniform Prudent Investor Act.

Following the Trust

Under Probate Code § 16000, a trustee has a duty to administer the trust in accordance with the trust instrument.
A trustee cannot simply disregard distribution instructions because they disagree with them or would prefer a different result.

Acting Loyally

Probate Code § 16002 generally requires a trustee to administer the trust solely in the beneficiaries’ interests.
Self-dealing is a major concern. A trustee who uses trust property to benefit themselves may violate their fiduciary duties even though they technically have control over the property.

Treating Beneficiaries Impartially

When a trust has multiple beneficiaries, Probate Code § 16003 requires the trustee to deal impartially with them when investing and managing trust property, taking their differing interests into account.
That does not necessarily mean every beneficiary must receive identical treatment. The trustee still must follow the trust’s terms.

Protecting and Managing Trust Property

Trustees also have duties concerning control and preservation of trust property and must exercise reasonable care, skill, and caution in administering the trust.
They generally must also keep beneficiaries reasonably informed about the trust and its administration.

What Are Common Breaches of Fiduciary Duty?

Watch for Conduct That Puts Your Inheritance at Risk

A beneficiary may have reason to investigate when an executor or trustee:
  • Uses estate or trust property for themselves
  • Cannot account for money or other assets
  • Favors one beneficiary contrary to their duties
  • Refuses to make required distributions
  • Sells property improperly
  • Fails to protect valuable assets
  • Refuses to provide required information or accountings
  • Ignores the terms of the trust or applicable probate requirements
Not every delay, investment loss, or disagreement proves a breach. The fiduciary’s legal duties and the facts surrounding their conduct matter.
But you do not have to ignore warning signs simply because the executor or trustee is the person currently in charge.

What Can Beneficiaries Do About a Breach?

The remedy depends on whether you are dealing with a probate estate or a trust, and on what the fiduciary has done.

Remedies Against a Trustee

With regard to trust disputes, Section 16420 of the Probate Code sets out various remedies available when a trust is breached. The court, according to the circumstances, might require the trustee to carry out their duties, direct an accounting, halt a threatened breach, order the restoration of trust property, or remove the trustee.
Beneficiaries can also make a petition to the probate court with regard to the internal matters of a trust as provided in Probate Code § 17200.

Remedies Against an Executor

A personal representative may also be held liable for mismanaging an estate. Depending on the circumstances, beneficiaries or other interested parties might ask the court to address the administration of the estate, object to an accounting, take legal action for any losses, or request that the personal representative be removed.
The key issue isn’t just whether or not you disagree with the decision; it’s whether the fiduciary breached a legal duty and caused harm to the estate, the trust, or your interests as a beneficiary.
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. The Grossman Law Firm can review the circumstances and help you determine what options might be available.

FAQ

What is the biggest difference between an executor and a trustee?

An executor looks after a probate estate, while a trustee looks after a trust. Although both have fiduciary responsibilities, different provisions in the California Probate Code regulate the duties they have.

Can I sue a trustee for breaching their fiduciary duties?

In some cases, yes. Beneficiaries in California can ask the probate court to take action for a breach of duty by a trustee and seek any of the remedies provided under the Probate Code.

Can an executor or trustee be removed?

Yes, when the statutory requirements for removal are met. Removal is not automatic simply because the beneficiaries disagree with the fiduciary; serious misconduct, failure to carry out the required duties, or other grounds provided by law may make it necessary.

What should I do if money is missing?

The first step is to collect all the trust or will accountings, inventories, financial statements, communications, and other records that you have access to. If the fiduciary is unable to explain what became of the property, then it may be necessary to contact The Grossman Law Firm.

How The Grossman Law Firm Can Help

Executors and trustees have considerable control over property during an estate or trust administration. That control does not put them above their fiduciary duties.
If money is missing, distributions are being withheld, assets have been mishandled, or you believe a fiduciary is putting their own interests ahead of yours, it may be time to find out whether you have grounds to take action.
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Call (888) 443-6590 or complete our Get Help Now form to discuss your situation.
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: September 5, 2024