When conflicts arise over how an estate is being distributed, one of the most common and misunderstood questions beneficiaries have revolves around the scope of power an executor has. If you are in this situation, you may be asking, Can an executor decide who gets what in California? The short answer is no. They must adhere to the terms left in a will or intestate succession laws when making distributions and cannot arbitrarily decide who receives what from an estate. However, like with most things involving probate, there’s more to the answer than that.
“Just because someone is named executor doesn’t mean they have free rein to distribute assets however they see fit,” said Andrew Micaraset, a probate litigation attorney at Gokal Law Group and a 2024 Super Lawyers Southern California Rising Star. “In California, executors must follow the law and the will, and if they don’t, beneficiaries have every right to challenge their actions,” he said.
If an executor is arbitrarily deciding who receives what from an estate and not abiding by intestate succession laws or the terms of estate planning documents left behind, this is a severe breach of duty, and it is important to contact a probate litigation attorney to safeguard your inheritance.
Can an Executor Decide Who Gets What in California?
Executors play an important role in administering a decedent’s estate, but that authority is not absolute. In California, executors are required to follow the law and the decedent’s wishes as outlined in their will. They do not have unlimited discretion to decide “who gets what,” especially when beneficiaries and assets are clearly defined.
Let’s explore the limits of executor authority and what beneficiaries should know to protect their inheritance, starting with the question: Can an executor decide who gets what without a will?
Can an Executor Decide Who Gets What if There is No Will?
No. If someone dies without a will (called “intestate”), the executor, usually referred to as an estate administrator in these cases, must distribute assets per California’s intestate succession laws.
This legal framework dictates who inherits and in what proportion, typically starting with a surviving spouse and children. The administrator has no authority to override these rules, regardless of family relationships, verbal wishes, or personal opinion.
Related Article: What Are California Next of Kin Laws for Estates?
Can an Executor Interpret Ambiguities in a Will?
Not unilaterally. If a will is vague or unclear (e.g., the document refers to “my jewelry” without specifying pieces or recipients), the executor may use reasonable judgment to divide items fairly. However, they cannot rewrite the will or make decisions based on personal bias.
When significant ambiguities exist or disputes arise, the executor should petition the probate court for clarification. This protects both the beneficiaries and the executor from future liability.
Can an Executor Decide Who Gets What After Death?
Only within the parameters of the will. If a valid will exists and specifies who receives what, the executor must honor those instructions.
They cannot substitute their own judgment, give assets to someone not named in the will, or rearrange distributions unless the will expressly gives them discretionary authority, which is rare.
Can an Executor Decide Your Inheritance?
No. Your inheritance is determined by the will or by California intestate succession law. Executors do not have the power to alter your share or reassign assets to another beneficiary.
If they attempt to do so, it may constitute a breach of fiduciary duty and grounds to pursue legal action with the help of a probate litigation attorney.
Can an Executor Decide to Sell a House?
Yes, but with limitations. If the will authorizes the sale of estate property or if selling is necessary to pay debts or equalize distributions, the executor can petition the court for permission to sell real estate. They do not need beneficiary consent in these situations.
However, they must act in the best interest of the estate and its beneficiaries, provide notice, and follow proper legal procedures. They cannot sell a house just to prevent a beneficiary from receiving it or to benefit themselves.
Related Article: Do All Heirs Have to Agree to Sell Property They Inherited?
Can the Executor of a Will Take Everything?
Absolutely not. Executors are fiduciaries, not heirs by default. If the executor is also a beneficiary, they can only receive what the will entitles them to.
Any attempt to take additional assets or block others from receiving their rightful inheritance is a serious breach of duty and may lead to legal action or personal liability.
Can the Executor of a Will Receive Anything?
Yes. Executors are entitled to reasonable compensation for their work. Further, if the executor is also a beneficiary, they may receive whatever inheritance is detailed in the will in addition to compensation unless the will specifies otherwise.
Can an Executor Override a Will?
No. An executor’s duty is to carry out the instructions in the will, not to change or ignore them. As such, an executor cannot override or reinterpret the will’s terms, even if they believe a different distribution would be “fairer.”
If a beneficiary believes the will is invalid due to fraud, undue influence, or lack of capacity, they must bring a will contest, not rely on the executor to intervene.
Related Article: What is the Success Rate of Contesting a Will in California?
When Can an Executor Distribute an Estate to Beneficiaries?
Not immediately. Before any distribution can occur, the executor must:
- File the will with the court and open probate
- Notify beneficiaries and creditors
- Inventory and appraise assets
- Pay valid debts, expenses, and taxes
Only after these steps are completed and the court approves a final distribution plan can the executor transfer assets to beneficiaries. Premature distributions can result in personal liability.
Can an Executor Withhold Distributions from Beneficiaries?
Executors can delay distributions if doing so is legally necessary. For example, this may be necessary to resolve debts, pay taxes, or ensure accurate accounting. However, they cannot withhold distributions indefinitely or without explanation. If a beneficiary believes distributions are being unfairly or unreasonably delayed, they can petition the court to compel action.
Can a Named Executor Refuse to Act?
Yes. A nominated executor is not required to serve. If they choose to decline, they must formally renounce their appointment. The court will then appoint an alternate named in the will or a suitable administrator if none is named.
However, an executor who has already accepted this role has a duty to act. If an executor begins serving and later becomes unwilling or unfit to act, the court may accept their resignation and appoint a replacement.
What Happens if an Executor Doesn’t Follow the Will or Probate Law?
Executors who act outside their authority, ignore the will, or violate California probate law may be subject to court intervention. Common legal remedies include:
- Working with a seasoned probate litigation attorney
- Petitioning the court to compel compliance
- Seeking removal of the executor
- Requesting a court-supervised accounting
- Filing a surcharge petition to hold the executor financially liable
Executors who breach their fiduciary duty, intentionally or through negligence, can be removed and ordered to compensate the estate or beneficiaries for any losses.
“When an executor disregards the terms of a will or the rules of probate, they aren’t just making a mistake; they’re breaching a legal duty,” said Micaraset. “If that’s happening, don’t wait. You have the right to step in, take legal action, and protect your inheritance,” he said.
Related Article: Navigating Probate LItigation in Orange County
Get Expert Legal Guidance to Hold an Executor Accountable
So, does the executor decide who gets what? Only within the bounds of the will and the law. If you believe an executor is acting beyond their authority, withholding information, or mishandling your inheritance, it’s critical to speak with a probate litigation attorney. We represent beneficiaries across California in estate disputes, and we can hold your executor accountable.
Whether you need help interpreting a will, contesting an unfair distribution, or holding an executor accountable, we’re here to guide you through every step. Contact us today for a consultation.
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