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What the Estate Executor Can and Cannot Do
If you were named a beneficiary or personal representative of an estate, you probably have many questions about your role. You may wish to ask a lawyer to help you understand the intricacies of the probate process and how the deceased person’s assets are distributed.
The compassionate attorneys at Hackard Law are here to guide you. Our blog outlines the responsibilities of a personal representative in the State of California and examines what the estate executor can and cannot do.
What Is the Estate Executor’s Role?
An executor (or personal representative) is either named in the deceased’s will or appointed by the court. Their role is to manage and distribute assets and close the estate. An executor also initiates the probate process and files relevant documents with the court, such as an inventory of assets.
An estate executor must carry out the deceased’s wishes in good faith by following the instructions outlined in their will. They also have a fiduciary duty to identify and notify all the beneficiaries, pay off the estate’s debts, and distribute remaining assets to those individuals named in the will.
How Is the Estate Executor’s Role Limited?
As an estate executor is crucial to the probate process; they have significant responsibilities. However, their power has limits. For example, the personal representative is bound by both the deceased’s will and state and federal laws.
The estate executor cannot alter or disregard any provision outlined in the will, even if they believe it is unfair. Limits of their authority also include changing beneficiaries, showing favoritism, or failing to inform heirs about the estate’s progress through probate. A personal representative cannot use their position for personal gain and is prohibited from spending estate funds or prioritizing their own interests over those of the other beneficiaries.
Probate Court Oversight
In California, estate executors are overseen by the probate court. This legal supervision helps ensure the personal representative’s actions are compliant with the will and applicable laws.
If you suspect misconduct or that the executor has breached their fiduciary duty, as an heir, you have the legal right to challenge them in court. The judge could order the estate’s representative to provide beneficiaries with full accounts and financial restitution, or even remove the executor from their role.
Contact a Knowledgeable Estate Attorney Today
Losing a loved one is never easy, and the last thing you want to deal with while grieving is a dispute with the executor or other beneficiaries. Reach out to Hackard Law today and let our team of compassionate legal professionals explain what the estate executor can and cannot do.
It is our goal to support your family during this difficult time, and our contingency fee billing means you have nothing to lose. Using our knowledge of California law, we work hard to resolve any disputes that arise and guide you through the estate closing process.