An executor generally cannot refuse to follow a will simply because they disagree with its instructions. The executor must administer the estate according to the will, California law, and any applicable probate court orders.
There are limited situations in which an instruction cannot be carried out as written. When that happens, the executor should seek court guidance rather than make a personal decision about who receives the property.
What Are an Executor’s Legal Responsibilities in California?
An executor, also called a personal representative, has a fiduciary duty to protect and properly administer the estate. California law requires the executor to use ordinary care and diligence when managing estate property.
An executor’s responsibilities commonly include:
- Locating and safeguarding the decedent’s assets
- Preparing an inventory and appraisal
- Notifying creditors and addressing valid claims
- Paying expenses and taxes
- Keeping accurate financial records
- Distributing the remaining property under the will
The executor must also follow required probate procedures. Even when a will directs that certain property go to a beneficiary, immediate distribution may not be possible. Debts, taxes, administration expenses, and disputes often must be resolved first.
When Can an Executor Depart From a Will’s Instructions?
An executor may be unable to carry out a provision if it violates California law, has become impossible to perform, or is too unclear to apply without interpretation. For example, the will may leave property that the decedent no longer owned at death. It might also contain conflicting terms or impose a condition that cannot legally be enforced.
In other cases, the estate may not contain enough property to pay both its obligations and every gift described in the will. Certain gifts may then need to be reduced under California’s rules for abatement.
These circumstances do not give the executor unrestricted authority to rewrite the estate plan. The executor may need to petition the probate court for instructions or approval. A judge can interpret disputed language and determine how the estate should proceed.
What Are Signs That an Executor May Be Ignoring the Will?
Probate often takes months, and delays do not automatically prove wrongdoing. A complicated tax issue, creditor claim, or dispute over ownership can slow administration.
Further review may be warranted, however, if the executor:
- Refuses to provide meaningful information about the estate
- Distributes property differently from the terms of the will without explanation
- Uses estate assets for personal purposes
- Favors one beneficiary based on personal relationships
- Leaves valuable property unprotected
- Delays administration for an extended period without a clear reason
A beneficiary should consider the executor’s explanation, the estate’s complexity, and the probate court record before drawing conclusions. Still, repeated secrecy or unexplained departures from the will should not be dismissed.
What Can a Beneficiary Do if the Executor Is Not Following the Will?
If you believe an executor is mishandling an estate, you can begin by requesting information and reviewing the documents filed in the probate proceeding. A written request may clarify whether the executor has a valid legal or practical reason for delaying a distribution.
Depending on the circumstances, a beneficiary may ask the probate court to:
- Order the executor to provide an accounting
- Direct the executor to perform a required duty
- Prevent an improper transfer of estate property
- Hold the executor financially responsible for losses
- Suspend or remove the executor and appoint a replacement
Under California Probate Code section 10950, an interested person may petition for an accounting. California Probate Code section 8502 also permits removal for reasons that include mismanagement, wrongful neglect, or conduct that threatens the estate or interested parties.
Removal is a serious remedy and is not granted merely because beneficiaries dislike the executor’s decisions. Evidence showing a breach of duty or danger to the estate will usually be important.
Take Action When the Will Is Being Disregarded
An executor has some discretion in managing an estate, but that authority does not include changing the decedent’s instructions for personal reasons. When questionable decisions threaten your inheritance or reduce the value of the estate, prompt legal action may help preserve assets and records.
OC Trial Group, APC represents beneficiaries and personal representatives in California probate disputes involving accountings, fiduciary duties, improper distributions, and executor removal. Contact us to discuss your concerns and learn what options may be available.