Many of our firm’s clients who are beneficiaries under a will are concerned that if they need to take action to keep the executor honest, they risk being disinherited.
Will Contest Code
California probate code limits a “will contest” to a challenge to the terms of the will, not a challenge to how those terms are being carried out by the executor.
So if you are dealing with an executor who is dragging his feet or refusing to provide you with any information, you are entitled to have your attorney ask the probate court judge to require the executor to comply. The executor could, for instance, be required to provide regular accountings.
Simply keeping the executor of the will honest will NOT result in your being disinherited, even if the will has a no-contest clause.