When a loved one passes away, the Executor of their Will becomes responsible for managing the Estate, paying debts, receiving income, handling court filings, and ultimately, distributing assets to beneficiaries. But what happens when the Executor oversteps their authority, delays the process, or fails to follow the Will’s instructions? In California, executors have a fiduciary duty to act in the best interests of the Estate and beneficiaries. There are clear legal boundaries surrounding what an executor cannot do in California, as well as what they can do. If you’re a beneficiary, heir, or interested party, understanding these limits is critical, especially if you’re facing concerns about how an estate is being managed.
“An executor doesn’t get a blank check; they get a legal mandate,” 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. “Their job isn’t to do what they think is right, but to carry out the Will, protect the Estate, and answer to the Court every step of the way,” he explained.
Let’s dive into what an executor is not allowed to do under California law, common red flags to watch for, and what steps you can take to protect your rights if something goes wrong.
What an Executor Cannot Do in California
Serving as an executor of a will comes with serious legal responsibilities. Under California law, executors are fiduciaries, meaning they must act in the best interests of the Estate and its beneficiaries. But what happens when an executor oversteps or fails to act?
Executors do not have unlimited power. Their authority is defined by the Will, a legal obligation to beneficiaries, the California Probate Code, and oversight by the probate court. They have a fiduciary duty to act with loyalty, care, and impartiality. But, not all executors live up to this legal standard.
Whether through neglect, conflict of interest, ignorance, or outright misconduct, when executors ignore legal duties or act in bad faith, beneficiaries may need to intervene. Still, it’s a little more complicated than that. Here’s a non-comprehensive list of what an executor of a will cannot do in California:
- Do anything to carry out the Will before the Testator passes away.
- Distribute assets contrary to the Will’s terms.
- Sell assets for less than fair market value without an agreement from beneficiaries.
- Change any provisions in the Will.
- Favor certain beneficiaries over others.
- Withhold inheritance without valid justification.
- Stop beneficiaries or heirs from contesting the validity of the Will.
- Take assets or funds from the Will or Estate, unless they are named beneficiaries.
- Fail to communicate with beneficiaries.
- Ignore taxes and debts.
- Disinherit beneficiaries arbitrarily.
- Fail to act and fulfill their duties.
- Sign an unsigned will on behalf of the deceased.
- Misuse or steal from the Estate.
- Disregard instructions in the Will.
There are many other limitations to be aware of, and identifying them can be complex – as soon as you suspect an executor is acting in a way that they are not allowed to, it is important to consult with an estate or probate litigation attorney to hold them accountable.
Related Article: What Are Signs of Inheritance Theft?
What an Executor Cannot Do After Decedent’s Death
After the decedent passes away, it’s important to understand that an executor cannot begin managing the Estate until the Court formally appoints them.
Without the formal appointment by the Court, the Executor has no legal authority to begin administering the Estate, sell or transfer estate assets, or distribute assets. Acting before a court appointment can constitute unauthorized administration and lead to personal liability for losses.
If an executor has started acting before legal authorization, it may be time to work with a probate or estate litigation attorney to stop them and reverse any damage done.
Can an Executor Ignore a Will?
No. An executor cannot ignore or override the terms of the Will. In fact, they have a legal obligation to follow the terms of the Will precisely. Deviating from the decedent’s wishes violates their fiduciary duty and may expose them to legal consequences, including:
- Removal as Executor
- Surcharge orders to reimburse beneficiaries for losses
- Possible civil litigation for breach of fiduciary duty
If the Executor ignores the Will to alter distributions, favors certain heirs or beneficiaries, or withholds information, you have the right to challenge their actions in probate court. When an executor does not follow the Will, this is a significant red flag and grounds for pursuing legal action.
Related Article: Signs You Need a Beneficiary Lawyer in California
What an Executor Cannot Do if There Is No Will
If there is no valid will, there is no “executor.” Instead, the Court appoints an “administrator” under California’s laws of intestate succession. In this scenario, the administrator cannot:
- Act with the same discretion a will might grant an executor.
- Distribute assets in any way that does not adhere to intestate law.
- Choose who inherits assets based on personal preferences.
- Disregard rightful heirs under the law.
- Withhold information from beneficiaries or heirs.
- Give unequal shares to heirs with equal rights.
In situations involving intestate estates, the court provides strict rules for distribution, and the administrator has a legal obligation to comply with them regardless of personal opinion, family preference, family dynamics, or prior informal promises.
If an administrator has begun administering an estate that has entered intestate and failed to follow intestate succession laws, it is crucial to contact an attorney to receive your rightful inheritance.
Related Article: What Are California’s Next of Kin Laws for Estates?
What if an Executor Is Not Distributing Assets?
When an executor delays asset distribution without a valid reason, this should raise red flags. Executors are required to:
- Settle debts and taxes promptly.
- File an inventory and accounting.
- Distribute remaining assets in a timely manner once court approval is obtained.
Unreasonable delays may signal mismanagement, negligence, or misuse of Estate funds. When an executor is not distributing assets or withholding distributions, beneficiaries can work with an attorney to petition the probate court for a formal accounting or removal.
What if an Executor Is Not Doing Anything?
Inaction is one of the most common complaints in probate litigation, as such mismanagement can hurt the Estate and cause a loss of assets. Inactivity can mean failing to:
- Open probate
- Respond to communications
- Pay debts and taxes
- Make distributions
- Settle the Estate
- Fulfill their duties in a timely manner
If an executor is not doing anything, you can potentially remove them for cause. The probate court expects executors to administer estates efficiently and in good faith. If they are not fulfilling this expectation, you have the right to ask the court to intervene and protect the Estate.
With the help of a probate attorney, you can petition the probate court to compel them to act and, if necessary, remove and replace them. In more severe situations, you may have grounds to sue the Executor for a breach of fiduciary duty.
Now that we have discussed what an executor cannot do in California, you’re likely asking yourself, What can an executor of an estate do in California? Let’s get into that next.
What Can an Executor of a Will Do in California?
While the restrictions are important to know, it’s equally critical to understand what an executor is allowed to do. Once formally appointed by the Court, an executor has the legal authority to:
- Open probate with the court.
- Locate and safeguard Estate assets.
- Provide notice to heirs and interested parties.
- Manage the administration of the Estate.
- Pay outstanding debts and taxes.
- Represent the Estate in legal claims or litigation.
- Distribute assets according to the Will or court orders.
- Close the Estate.
Executors are expected to act transparently, keep beneficiaries informed, and always act in the Estate’s best interest. If an executor takes an action outside of the scope listed above, this is a significant red flag that warrants consulting with an attorney as soon as possible.
How to Disqualify an Executor of a Will in California
If an executor is breaching their fiduciary duties, mismanaging assets, or creating unnecessary delays, beneficiaries can take action. Grounds for disqualifying or removing an executor under California law include:
- Conflict of interest or self-dealing
- Failure to perform required duties
- Misappropriation of Estate funds
- Mental incapacity or misconduct
- Incompetence
Interested parties can work with an attorney to file a petition, recover damages if necessary, remove the Executor, and request the appointment of a neutral third party or successor executor.
“The probate system exists to prevent abuse, but it only works when you use it,” said Micaraset. “If an executor is putting their interests ahead of the Estate’s, it’s not just unfair—it’s unlawful. And that’s where we step in.”
Related Article: Navigating Probate Litigation in Orange County
Now You Know What an Executor of a Will Cannot Do in California.
Executors play a central role in ensuring an estate is handled fairly and lawfully. But when that trust is broken, beneficiaries have legal remedies. Whether you’re navigating a probate dispute, concerned about an executor’s actions, or need to protect your rights as a beneficiary, Gokal Law Group can help. Our team has deep experience in California probate and estate litigation and can provide strategic guidance to help you resolve disputes and secure your rightful inheritance.
Contact Gokal Law Group today to enforce your rights and safeguard your inheritance.
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