Legal Question in Wills and Trusts in California

Is the executor of an estate required to give a final summary of the estates asset distribution and if so is there a time frame in which to do so and are there any penalties that could be leveled to compel her to respond?


Asked on 10/26/15, 12:16 pm

2 Answers from Attorneys

Aaron Feldman Feldman Law Group

If the estate is subject to Probate, then there is an executor or administrator who files a Petition with the Court to confirm appointment after giving notice to certain relatives and to the named beneficiaries. If so, then you could file a Request for Special Notice and get copies of documents that are filed. Generally a Petition for Final Distribution cannot be fied for at least 4 months after an Executor is appointed. But many Estates can take longer depending on situations involving assets of the Estate. If there was a Trust and the Estate is not subject to Probate, then beneficiaries are supposed to receive notice within 90 days of death and thereafter the Trustee should keep beneficiaries reasonably informed and also must account annually. I think you should meet with an attorney who can review the documents of your case and give you more specific advice.

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Answered on 10/26/15, 12:33 pm
William Christian Rodi Pollock

I agree with Aaron. Probate under today's court scheduling may easily take a year or more. If you feel it has been to long, you can file a petiton demanding an accounting. You can also ask the executor where they are in the administration. If this is difficult, you can contact the attorney assisting in the estate administration. If you are still not satisfied, engage counsel to represent your interests, who can make a demand on your behalf.

Yes, an accounting for the administration and an assets on hand schedule is prepared and submitted to the court for approval, unless the beneficiares waive the requirement.

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Answered on 10/26/15, 2:00 pm


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