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By: Scott Grossman on June 18th, 2018

What should I do if I suspect executor theft from a California probate estate?

If you are the beneficiary of a California probate estate and suspect that the executor may be stealing estate property, it is important to act quickly. Waiting too long may make it impossible for you to ever receive the property to which you are entitled. Therefore, it is vital that you take the following steps if you suspect that California executor theft may be occurring:

  • First, contact an experienced probate litigation attorney for guidance. The California probate laws are complex, and failing to take the proper actions could jeopardize the chances of getting the stolen funds back from the executor. An experienced professional will analyze the facts surrounding your claim and assist you in protecting your legal rights.
  • Furthermore, gather a copy of the will, which demonstrates your rights as a beneficiary.
  • Also, review copies of all probate documents, including inventories and accounts.
  • Additionally, request copies of any information that you do not have, including details about specific property items or funds.
  • Furthermore, gather copies of all communications with the executor.
  • File a petition with the probate court regarding the executor theft.
  • Lastly, consider whether to file a criminal complaint in addition to a civil matter.

For more information about bringing a claim against an executor when you suspect that an executor theft has occurred, view our free guide, The Ultimate Guide to California Trust and Probate Litigation.

To learn more about the probate process and protecting an estate from executor theft, contact an experienced California probate litigation attorney today for guidance. Call the Grossman Law Firm at (888) 443-6590.

Key Terms: 

Beneficiary (noun):

A person who benefits from a trust, will, or life insurance policy. This includes heir, heiress, inheritor, legatee; recipient, receiver, payee, donee, assignee; devisee, grantee.

Estate (noun):

An estate includes the things that a person owns. The things left by someone who has died can be distributed based on a Will, Trust, or Intestate laws. Estates have to be administered in the Probate Court if the estate meets certain criteria. See our Infographic on The Probate Process.