Losing a parent is a heartbreaking experience. Life can feel heavier with this loss. When you are grieving, the last thing you need is the added stress of uncertainty regarding your family’s inheritance. If you feel left in the dark about how the appointed executor is managing the estate, it is important to know that you have the right to know where the money went.
Exercising your right to transparency
Under California Probate Code 10950, the court must order an account if an interested individual petitions for one. If you are a beneficiary or heir, you can file this, provided that:
- It has been more than one year since the executor’s issuance of letters.
- It has been more than one year since their last accounting filing.
If a judge issues an order under this code, they must specify exactly how much time the executor has to file the account.
Outlining a formal accounting
The court expects the executor to provide a Summary of Account. This must include these elements:
- The start and end dates of an accounting period
- The estate’s entire asset value at the beginning of the period
- A detailed description of every cent that came in
- A detailed disbursement breakdown
- All gains or losses that occurred during probate
If the representative fails to provide an accounting, a judge can remove them from their position, hold them personally liable for damages and cite them for contempt.
Identifying the red flags
If your executor fails to communicate with you properly about accounting updates, it is reasonable to be suspicious of their actions. A quick consultation with a probate attorney can help you navigate this issue and get the clarity you deserve.