It’s a difficult position to be in. A loved one has passed away, and while you’re grieving, you’re also relying on the appointed Executor to carry out their final wishes. But when that trust is broken and the Executor isn’t acting in the best interests of the Estate, delays distribution, or seems to be hiding information, it’s normal to ask yourself, can you sue an executor of an estate? In California, yes, if you have legal grounds and standing, suing an executor of an estate is not only possible but may be necessary to protect the Estate, your rights, and your inheritance as a beneficiary.
“When trust is broken, the law provides a path to justice,” said Andrew Micaraset, an Associate at Gokal Law Group who maintains a strong litigation practice with an emphasis on trust, probate, and business matters and who was also a Super Lawyers Southern California Rising Star in 2024. “Executors may hold the keys to an estate, but they are bound by duty, not power. If they breach that trust, your rights and inheritance must be defended,” he said.
Executors are not above the law. They have a fiduciary duty to act with honesty, transparency, and loyalty toward the Estate and its beneficiaries. When that duty is breached, California probate law provides clear remedies to protect your rights and inheritance.
What to Know About Suing an Executor of an Estate in California
Before taking legal action, you need to understand your rights, your standing, and what conduct crosses the line under California probate law. Challenging an executor isn’t just possible; it’s sometimes necessary to protect the Estate and ensure your loved one’s wishes are honored.
Here’s what you need to know about suing an estate executor, starting with answering the question, can a beneficiary challenge an executor?
Can a Beneficiary Sue an Executor?
Yes. As a beneficiary, you have the right to hold an executor accountable if they’re failing to fulfill their fiduciary duty. California probate courts recognize that beneficiaries are directly impacted by the Executor’s conduct. Situations that call for suing an executor of an estate include when an executor:
- Fails to distribute assets fairly or timely.
- Ignores the terms of the Will.
- Refuses to provide information or accounting.
- Misuses estate funds or property.
- Favors one beneficiary over others.
- Commits fraud or steals from the Estate.
If any of the above scenarios sound familiar, you may have grounds to work with a probate litigation attorney, file a petition, and initiate legal action to remove them and possibly recover damages.
When Can a Beneficiary Sue an Executor?
Legal action is appropriate when the Executor’s actions (or inaction) harm the Estate or the beneficiaries, and you have evidence. It’s important to understand that you must have legal grounds to sue an executor – you can’t just sue them because you disagree with their actions. This can include:
- Breach of fiduciary duty – such as self-dealing, conflicts of interest, failure to follow the precise instructions in the Will, or failure to act in the Estate’s best interests.
- Negligence or delay – including taking no action in connection with the Estate for months or years without progress or reason, or even failing to provide financial statements.
- Fraud or concealment – including hiding assets, misusing assets, misreporting values, or failing to disclose liabilities.
Keep in mind that you don’t have to wait until probate is over to take action. If you have evidence of misconduct, you can file a petition while probate is still ongoing. Taking immediate action to initiate suing an estate executor is crucial to preserve the integrity of the Estate and your inheritance.
Can an Executor Be Held Liable?
Yes. Executors can be held personally liable for losses they cause through misconduct or mismanagement. If they violate their fiduciary duties, a California court can:
- Order them removed as Executor
- Impose a surcharge, requiring repayment of any Estate losses
- Award damages to beneficiaries
- Require them to cover legal fees
Executors who fail to act responsibly may end up bearing financial consequences themselves. But how long is an executor liable for breaching their fiduciary duty?
How Long Do You Have to Sue an Executor?
Generally, the statute of limitations for suing an executor of an estate in California is three or four years from the date you discovered (or reasonably should have discovered) the breach.
Still, certain timelines may be shorter or longer depending on the type of claim and the stage of the probate proceeding. Ultimately, what is important to understand is that as soon as you suspect that an executor is violating their duties, the clock is running.
The sooner you act, the more options you preserve. If you wait too long, you may miss the chance to reverse all damage or lose your right to challenge the Executor, even if misconduct occurred.
Can You Sue an Estate After Probate?
Once probate has closed and the Estate is fully distributed, your legal options become more limited, but it is not necessarily impossible. Each situation is fact-specific. That’s why it is essential to speak with an experienced probate litigation attorney if you suspect anything is amiss.
So, now you have the answer to the question, Can you sue an executor of an estate? Next we will dive into how to sue an executor of an estate.
Related Article: What is the Success Rate of Contesting a Will in California?
How to Sue an Executor of an Estate in California
If you believe the Executor has violated their duties, here’s what the legal process typically involves when suing an executor of an estate:
- Consult a probate litigation attorney – An attorney will assess your claim, explain your rights, and help you gather the necessary evidence.
- File a petition with the probate court – This formal request details the Executor’s alleged misconduct and asks the Court to take corrective action.
- Serve notice to all interested parties – The Executor, any beneficiaries, and any other “interested parties” must be notified of your legal action.
- Participate in court hearings – You may need to attend one or more hearings where the Court reviews the facts, listens to arguments, and issues a ruling.
- Pursue remedies – The court may order the Executor removed, require the Executor to provide an accounting, award damages, or take other steps to restore the Estate’s integrity.
In high-conflict situations, the Court may also appoint a neutral third-party administrator to step in and complete the probate process fairly.
“In matters of inheritance, the stakes are high and the law is clear – executors must be held accountable,” said Micaraset. “If your loved one’s final wishes are in jeopardy, don’t wait. It’s important to take swift action with expert legal guidance to safeguard your future.”
Related Article: Navigating Probate Litigation in Orange County
Expert Help Suing an Executor of an Estate in California.
If you’re facing a situation where the Executor is failing to do their job, or worse, abusing their power, it’s critical to take action. Suing an estate executor can seem like a daunting undertaking to navigate alone, but with the help of seasoned probate litigation attorneys, you can traverse this terrain with confidence, knowing that you are in the best possible position to obtain the best possible outcome and defend your inheritance. At Gokal Law Group, we represent beneficiaries and heirs in complex probate and estate litigation throughout California.
Our attorneys have the experience, legal insight, and courtroom skill to hold executors accountable and protect your rightful inheritance. Contact us today for a confidential consultation. We’re here to help you restore fairness and ensure your loved one’s final wishes are honored.
Disclaimer:
The information provided on this website does not, and is not intended to, constitute legal advice. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and Gokal Law Group, Inc. All information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
Readers of this website should contact an attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.