When a loved one passes away, navigating the probate process can be emotionally and legally complex. If you’re a beneficiary, you may expect regular updates about the estate, such as information regarding what assets are involved, how long the process will take, and when distributions might occur. But what happens when the executor doesn’t respond to your calls or emails? Or worse, fails to notify you at all? An executor not communicating with beneficiaries isn’t just frustrating; it could be a red flag of severe mismanagement. Executors in California have a legal obligation to keep beneficiaries reasonably informed. If they fail to do so, it could signal that they are breaching their fiduciary duties, mismanaging the estate, or stealing and putting your inheritance at risk.
“As probate attorneys, we see time and again how lack of communication from an executor creates not just confusion, but mistrust and, sometimes, real financial risk,” said Andrew Micaraset, a probate litigation attorney at Gokal Law Group and a 2024 Super Lawyers Southern California Rising Star. “Beneficiaries have the right to transparency. If you’re being kept in the dark, you must take steps to ensure the executor is not harming your inheritance,” he said.
Here’s when an executor is required to communicate, what information they must share, and what steps you can take if they’re not keeping you informed. Whether you’re simply seeking clarity or considering legal action, understanding your rights as a beneficiary is the first step.
Is an Executor Required to Communicate with Beneficiaries?
Yes, under California probate law, executors have a fiduciary duty to act in the best interest of the estate and its beneficiaries.
This duty includes keeping beneficiaries “reasonably informed” about the administration of the estate and any significant developments. In other words, beneficiaries should have enough information about an estate to enforce their rights as a beneficiary.
While there is no set schedule for communication, prolonged silence or a refusal to provide information can signal a breach of fiduciary duty, especially if beneficiaries begin to suspect mismanagement or misconduct, like executor fraud.
Executors must act with transparency. This includes providing notice of probate proceedings, responding to reasonable inquiries, and sharing relevant documents such as inventories, accountings, and updates about estate assets and distributions.
What Does an Executor Have to Disclose to Beneficiaries?
Executors are required to disclose material information about the estate to both everyone mentioned in the will as well as heirs who could receive an inheritance under intestate succession laws if the will were voided through a will contest. This includes:
- A notice of Probate
- An inventory and appraisal of estate assets
- Periodic accountings
- A final distribution plan and timeline
- Any potential conflicts of interest, creditor claims, or legal disputes involving the estate
In short, beneficiaries are entitled to know what is in the estate, how it’s being managed, and when distributions are expected.
Now that you know the legal obligation of an executor to communicate with beneficiaries, let’s get into how to navigate situations in which an executor is not communicating with beneficiaries and what to do to enforce your rights and protect your inheritance.
Executor Not Communicating with Beneficiaries? Here’s What to Do.
When an executor is unresponsive, vague, or avoiding contact altogether, it can be frustrating and worrisome, especially if estate administration seems delayed.
While there are reasonable explanations (such as a newly appointed executor still gathering information), beneficiaries are not expected to wait indefinitely without answers. Here is what to know and do when the executor of an estate is not communicating with beneficiaries.
What if the Executor is Not Communicating with the Beneficiaries of an Estate?
Start by documenting all communication attempts. If the silence continues, a written request for information sent by certified mail or through your attorney can often prompt action. If that fails, the next step is to petition the probate court for relief. California Probate Code allows beneficiaries to:
- Petition for an accounting.
- Request a court order compelling the executor to act.
- Ask for the executor’s suspension or removal for breach of fiduciary duty.
What if an Executor Does Not Notify Beneficiaries About the Will?
Under California Probate Code, the person in possession of a decedent’s will must deliver it to the probate court within 30 days of the decedent’s death. (California Probate Code §8001)
The executor must then provide formal notice of the probate proceedings to all named beneficiaries and heirs at law. Failure to notify beneficiaries of the will is a serious violation. It may indicate negligence or concealment, both of which can warrant court intervention.
If an executor failed to notify a beneficiary or heir about a decedent’s will, that could be grounds to work with a will dispute lawyer to bring a will contest.
Are Beneficiaries Entitled to a Copy of the Will?
Yes. Beneficiaries are entitled to receive a copy of the will after it has been admitted to probate. If you haven’t received one, you can request a copy from the court once the probate case is filed. You cannot enforce your inheritance rights without knowing what you are entitled to under the will.
If probate has not yet been opened, and the executor is withholding the will, legal action may be necessary to compel production. It is also important to ensure that the will is valid and free of ambiguous language, which an attorney can help determine as well.
Does An Executor Have to Show Accounting to Beneficiaries?
Typically, executors must provide beneficiaries with a formal accounting at a minimum of annually every year the estate remains active after the decedent’s death.
If executors refuse to provide accountings or provide inaccurate accountings, it is crucial for beneficiaries to work with a lawyer to secure or analyze these documents. An attorney can help petition the court to compel the executor to provide one.
Oftentimes, evasiveness or inaccuracies around accountings are a significant sign that there is a much more severe issue regarding the management of the estate. Executors may also provide accountings to beneficiaries if they have been informally requested.
What to Do When the Executor is Not Communicating with Beneficiaries
You do not have to wait in the dark. If the executor fails to provide basic updates, delays the inventory, or withholds distributions without explanation, you have options:
- Send a formal written request for information (communicating in writing is advisable so that there is a paper trail of communications and requests.)
- Consult a probate litigation attorney.
- File a petition for an accounting or enforcement of duties.
- If appropriate, seek removal or surcharge (financial penalty) against the executor.
These steps can often prompt timely action, or, if necessary, shift estate administration to someone better equipped to carry out the role.
What to Do if the Executor is Ignoring You?
Executors who consistently ignore beneficiaries, fail to respond to communications, or withhold key documents may be in breach of fiduciary duty. In these situations, the court has the authority to enforce compliance or remove an unfit executor.
If you believe you are being ignored, it is important to act quickly to get the information you need. Delays can jeopardize your inheritance, especially if estate assets are being mismanaged or depleted.
“An executor who won’t respond is not just being uncooperative; they may be compromising the integrity of the entire estate,” said Micaraset. “You don’t have to wait and wonder. The law provides clear remedies, and with the right legal guidance, you can compel action, enforce your rights, and protect what’s rightfully yours,” he said.
Is an Executor Not Communicating with Beneficiaries? We Can Help.
An executor not communicating with beneficiaries can quickly turn into a complex legal situation. At Gokal Law, we represent beneficiaries throughout California who are facing executor misconduct, lack of transparency, or estate delays. Whether you need help requesting an accounting, enforcing your rights, or removing an uncooperative executor, our team can guide you through the process with clarity and confidence. If you are concerned about an executor not communicating with beneficiaries, contact us today for a consultation. We will protect your inheritance and your peace of mind.
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