Legal Question in Wills and Trusts in California

Re: accountability from executer of estate

Yes, there are requirements for the executor of an estate. However, it depends upon how much time has passed. Additionally, it will be incumbent upon you to Petition the Court to order an accounting if the executor has not done so.

You should retain an attorney in the state in which the probate court is located in order to represent your interests.

I would be happy to discuss this matter with you.

J. Caleb Donner

LEGAL WARRIORS (R)

805-494-6557

Re: accountability from executer of estate

Normally an accounting is not due until the final petition for distribution is filed.

However, if the probate estate has been open more than a year, or it has been more than a year since the previous accounting, an accounting is due.

Also, Probate Code section 10950 allows any person with an interest in the estate, as well as the court, to bring a motion ordering an account. This is an option for you as well, but the court may or may not order the account.

Something else to check is the estate's "Inventory and Appraisal." This must be filed, usually within four months of opening the estate, and lists all the property in the estate at the time of the person's death.

Re: accountability from executer of estate

It's amazing how people worry about the wrong thing. And then attorneys answer their questions with very scholarly recitations. Personally I'd want to know if the executor is bonded. And if not I'd petition the court to have the executor bonded, and if necessary offer to pay the cost of bonding the executor. It's a very common practice for the Will to waive the bond. Then the executor can steal some money, and you'll still receive your full device or bequest.

Re: accountability from executer of estate

There is an accounting requirement one year after the letters testamentary are issued, or the executor must file a status report. Other than that, you may not request one.