Legal Question in Wills and Trusts in California

The executor is now in the 6th year of probate. He has never filed a status report at the Contra Costa County Ca. Courthouse, which is required within the first 12 months. Is there an automatic surcharge I

can add on for the time in excess of 12 months? Or, do I have to petition the court and go to litigation and sue for damages?

Thanks


Asked on 8/15/15, 2:22 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

Unfortunately, there is no automatic surcharge against executors or trustees who fail to do their jobs. The beneficiaries or heirs must instead force the issue by way of petition to the probate court.

Forcing this type of issue is not easy, and is often quite time-consuming. I strongly suggest you retain an attorney to assist you with this. An attorney experienced in probate and trust disputes may see a way for you to force the issue more quickly, or help identify other areas of leverage that a layperson might miss. Some attorneys may also do this on a limited representation basis, where work is "shared" between attorney and client.

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Answered on 8/16/15, 4:32 am


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