TrustTrust LitigationTrustee Duties

What an Executor Cannot Do

By March 5, 2026No Comments
What an Executor Cannot Do

Table of Contents

Key Takeaways

  • Executors are fiduciaries under California law and must act in the best interests of the estate.
  • California probate law places strict limits on how an executor may manage estate property.
  • Executors cannot engage in self-dealing, conceal information, or ignore the terms of the will.
  • Beneficiaries may petition the probate court if an executor violates their legal duties.

The Role of an Executor in California Probate

When someone passes away with a will, the probate court appoints a person to administer the estate. This person is known as the executor.
The executor’s job is to gather the decedent’s assets, pay valid debts and expenses, and distribute what remains to the beneficiaries named in the will. During this process, the executor has a fiduciary duty to manage the estate with honesty, care, and loyalty.
At The Grossman Law Firm, Attorney Scott Grossman regularly represents beneficiaries in California probate litigation when executors fail to carry out those duties properly.
It is equally important to understand the limitations on an executor’s authority as it is to know their responsibilities.

Executor Duties Under California Law

The California Probate Code imposes strict obligations on executors during estate administration. These duties, similar to those of trustees, are designed to protect beneficiaries.
In general, an executor must:
  • Follow the instructions in the will
  • Act in the best interests of the estate
  • Safeguard estate assets
  • Keep accurate records of financial activity
  • Provide information to beneficiaries when required
If these duties are neglected or abused, beneficiaries may request probate court intervention.

What an Executor Cannot Do

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Consequences of Executor Misconduct

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FAQ

Can beneficiaries ask the court to remove an executor in California?

Yes, beneficiaries may petition the probate court to remove an executor who has breached their fiduciary duties, mismanaged estate property, or failed to perform required responsibilities.

Is an executor allowed to pay themselves?

Executors may receive compensation allowed under the California Probate Code. However, compensation must follow statutory guidelines and may require court approval.

How The Grossman Law Firm Can Help

Executor misconduct can delay distributions, reduce the estate’s value, and create unnecessary conflict among family members. Beneficiaries have legal rights, and California probate courts have the authority to enforce them.
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 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 Jan 22, 2024