Table of Contents
- Key Takeaways
- #Executor Duties
- Executor Payment Timeline in California
- Distribution of Estate Assets
- Consequences of Delayed Payment
- What Beneficiaries Can Do
- Why Legal Guidance Matters
Key Takeaways
- In California, executors generally have one year to complete estate administration and distribute assets.
- Delays are common when the estate is complex or a dispute arises.
- Beneficiaries have the right to request updates, demand an accounting, and take legal action if an executor fails to act.
- The Grossman Law Firm helps beneficiaries and heirs resolve probate delays and enforce their rights under California law.
Executor Duties
When someone passes away and leaves a will, the executor (also known as the personal representative) assumes a fiduciary duty to manage and distribute the estate according to the California Probate Code. One of the most frequent questions we hear at The Grossman Law Firm is:
How long does the executor have to pay the beneficiaries?
Under California law, an executor typically has about one year from the date of appointment to settle the estate—this includes paying debts, filing taxes, and distributing assets. However, real-world timelines can vary depending on the estate’s complexity and whether disputes or delays occur.
Executor Payment Timeline in California
In a standard probate case, here’s how the process usually unfolds:
- File the will and petition for probate. The executor must file the will and petition with the Superior Court in the county where the decedent lived.
- Notify all interested parties. The executor must mail notice of the hearing to all heirs and beneficiaries and publish notice in a local newspaper.
- Complete the inventory and appraisal. Within four months of appointment, the executor must file an Inventory and Appraisal (Forms DE-160 and DE-161) with the probate court.
- Administer and distribute the estate. If the estate is straightforward, distribution may occur within 12–18 months. More complex estates—those involving real property sales, creditor disputes, or tax issues—may take two years or longer.
If the executor fails to meet these deadlines, the probate court can:
- Reduce their compensation
- Order them to file a formal accounting
- Remove them for failing to perform their fiduciary duties
At The Grossman Law Firm, we help beneficiaries ensure executors stay accountable to their legal obligations.
Distribution of Estate Assets
Executors cannot distribute assets until they’ve resolved every financial obligation of the estate. This includes:
- Settling valid creditor claims
- Paying final income and estate taxes
- Completing property sales when needed
Only after these steps are complete can the executor begin distribution.
If an executor anticipates a delay, they must request an extension from the court. Otherwise, beneficiaries may petition the court to compel distribution or replace the executor.
The Grossman Law Firm regularly represents beneficiaries in these situations—ensuring assets are properly distributed and fiduciary duties are upheld.
Consequences of Delayed Payment
Delays in paying beneficiaries can have serious effects:
- Financial hardship for beneficiaries who rely on their inheritance
- Family tension and breakdown of trust
- Legal exposure for executors who neglect or misuse their authority
If the executor’s inaction causes harm or violates their fiduciary duty, beneficiaries can:
- Request a detailed accounting
- Petition the probate court to enforce deadlines
- Seek removal or surcharge (financial penalties) against the executor
Failing to act within a reasonable time may amount to a breach of fiduciary duty, exposing the executor to personal liability.
If you suspect the executor is delaying your inheritance without a valid cause, The Grossman Law Firm can step in to protect your interests.
What Beneficiaries Can Do
If you believe the executor is taking too long to distribute assets, here are practical steps you can take:
- Request an Accounting.
- Ask the executor for a written update and supporting documentation showing the estate’s progress.
- Consult a Probate Attorney.
- A knowledgeable California probate attorney can determine whether the delay is reasonable or a breach of duty.
- File a Petition in Probate Court.
- The court can order the executor to act, compel a distribution, or even remove them from office.
The Grossman Law Firm has decades of experience representing beneficiaries and heirs in probate litigation—helping clients compel distributions, remove negligent executors, and recover damages for mismanagement.
Why Legal Guidance Matters
Probate administration is complex, and even well-meaning executors can fall behind. But when inaction crosses the line into negligence or breach, beneficiaries must act quickly to protect their rights.
The Grossman Law Firm focuses exclusively on probate, probate litigation, and trust litigation across California. Our team understands the court process, executor duties, and how to secure timely distributions for beneficiaries.
If your inheritance has been delayed or you suspect mismanagement, we can help you take action.
Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists can evaluate your case to assess your situation at no cost to you.
Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published Jan 22, 2025