When a loved one passes away, the person appointed to manage their Estate, known as the Executor, plays a critical role in ensuring assets are distributed according to the Will and California probate law. But what happens when that Executor has a personal stake in the outcome or fails to act impartially? Executor conflict of interest is one of the most common causes of probate litigation. Whether it’s a sibling who delays distributions to benefit themselves or an executor who hides estate transactions, even the appearance of self-dealing can damage family trust and disrupt the administration of the Estate. In serious cases, it may even warrant litigation to seek removal by the Court.
“Conflict of interest doesn’t always look like fraud initially; it often starts with good intentions and ends in legal battles,” 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. “As probate litigators, we have seen many times how unchecked bias or self-interest can erode both the Estate and family trust,” he said.
Understanding how conflicts arise and what legal steps you can take to address them is essential if you’re a beneficiary concerned about fairness, transparency, or fiduciary misconduct. Here’s what to know about this breach of duty and how you can hold an executor accountable.
What is Executor Conflict of Interest?
Executors have a fiduciary duty to act in the best interests of the Estate and its beneficiaries under California probate law.
This includes the duties of loyalty, impartiality, and full disclosure, meaning they must avoid self-dealing, favoritism, or any action that benefits themselves at the expense of the Estate or beneficiaries.
A conflict of interest arises when an executor’s personal or financial interests interfere with their legal duty to administer the Estate fairly, intentionally or unintentionally, resulting in actions that may harm the Estate or favor one beneficiary over others.
Common examples of executor conflict of interest include:
- When the Executor is also a beneficiary and prioritizes their inheritance, which we will discuss below.
- When the Executor has a financial relationship with one of the Estate’s creditors or vendors.
- When the Executor fails to disclose personal gains from Estate transactions.
- When the Executor delays distributions or asset sales to benefit themselves or others.
Even if the Executor believes they are acting fairly, any real or perceived conflict can lead to legal disputes, mistrust, and potential removal under California law. When executor conflict of interest occurs, beneficiaries may have legal grounds to work with an attorney and challenge or remove the Executor.
What Is Executor and Beneficiary Conflict of Interest?
In some cases, an executor is also a named beneficiary of the Will. While this is not automatically a conflict of interest, it can become one if the Wxecutor:
- Takes action that disproportionately benefits their own share of the Estate.
- Delays distributions to others while accessing funds for personal use.
- Fails to treat other beneficiaries equitably and shows favoritism between heirs (which is particularly common in blended families).
- Withholds information (e.g., about Estate assets or transactions) or delays communication about Estate matters.
- Engages in self-dealing, such as buying Estate property below market value.
California courts examine these situations closely and take them very seriously, particularly where one beneficiary believes the Executor has mismanaged funds or acted in bad faith. A breach of fiduciary duty not only jeopardizes the Executor’s role; it can also result in personal liability.
Beneficiaries who suspect misconduct should maintain written records, request formal accountings, and seek legal counsel to assess potential violations.
Related Article: How Do You Prove a Breach of Fiduciary Duty?
How to Remove the Executor of an Estate for Conflict of Interest
It’s important to understand in these situations that you can pursue removal of an executor for a conflict and interest that has compromised their impartiality, resulted in self-dealing or misappropriation of estate assets, caused them to mismanage the Estate, or caused them to otherwise neglect their duties or fail to perform them without reasonable cause.
Here’s how to remove the Executor of an estate for a conflict of interest in 4 steps:
- Document the misconduct: Gather evidence showing the Executor has acted against the Estate’s interest in favor of their own.
- Consult with a probate litigation attorney: Seasoned legal counsel can assess whether the behavior rises to the level of breach of duty and determine the best possible legal route to hold the Executor accountable.
- File a petition in probate court: Beneficiaries have the right to request removal and request a replacement executor – the petition will have to detail the grounds on which you are seeking to remove and replace the Executor.
- Present your case at a hearing: The Court will evaluate the evidence and determine whether removal is appropriate – an attorney is crucial at this stage. Depending on the severity of the financial harm, the Executor may be liable to pay damages or even face criminal charges.
It’s important to act promptly as soon as you suspect that executor conflict of interest has transpired. Delayed action may result in continued financial harm to the Estate or missed opportunities to recover misappropriated assets.
“If you’re questioning whether an executor is acting in good faith, trust your instincts, but don’t stop there,” said Micaraset. “The law provides clear remedies for fiduciary misconduct, and early legal action can protect both your rights and the integrity of the Estate.”
Related Article: Navigating Probate Litigation in Orange County
Are You Grappling with Executor Conflict of Interest? We Can Help.
Executor conflict of interest can cause significant delays, confusion, and serious financial harm. At Gokal Law Group, we help beneficiaries assert their rights and protect their inheritances. If you suspect a conflict of interest or fiduciary breach, don’t wait. Our experienced probate litigation attorneys can evaluate your case, gather evidence, and advocate for removal if needed.
Contact us today for a confidential consultation to explore your options.
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