Beneficiary Rights in California Probate: Your Complete Legal Guide (2025)

If you're named as a beneficiary in a California will or trust, you have significant legal rights during the probate process. Unfortunately, many beneficiaries don't know what rights they have - and some executors take advantage of this.

This comprehensive guide explains your rights as a California probate beneficiary, how to enforce them, and what to do if the executor isn't fulfilling their obligations.

What Rights Do Beneficiaries Have in California Probate?

Under California Probate Code, beneficiaries have these fundamental rights:

1. Right to Notice

You must receive notice of:

• Petition for Probate filing (Probate Code 8110)
• Probate hearing date (at least 15 days advance notice)
• Executor appointment
• All significant probate actions
• Court hearings
• Final accounting and distribution

Timing: Notice of petition must be mailed at least 15 days before the hearing.

2. Right to Information and Accounting

You can demand (Probate Code 10950):

• Copy of the will
• Inventory of estate assets
• Formal accounting showing all transactions
• Bank statements and financial records
• Status updates on probate progress
• Explanation of executor decisions

Important: Executors MUST provide accounting when beneficiaries request it. Refusal is grounds for removal.

3. Right to Object

You can object to:

• Executor appointment (file written objection)
• Proposed sales of estate property
• Executor compensation requests
• Attorney fee requests
• Creditor claims
• Distribution proposals

4. Right to Copy of Will

Beneficiaries are entitled to receive a copy of the will being probated. Executor must provide this upon request.

5. Right to Contest Will

If you have legal standing, you can contest the will based on:

• Lack of testamentary capacity
• Undue influence
• Fraud or forgery
• Improper execution
• Later will exists

Deadline: Must contest before will admitted to probate OR within 120 days after admission (Probate Code 8226).

6. Right to Representation

You can:

• Hire your own probate attorney
• Have attorney appear at all hearings
• File petitions independently
• Protect your interests separate from executor

Cost: Usually paid from your inheritance share or by petition to estate.

7. Right to Timely Distribution

Executors must distribute inheritance within reasonable timeframes. While probate takes 9-18+ months, unreasonable delays are prohibited.

How Long Does a Beneficiary Have to Wait for Inheritance?

Typical California Timeline:

• Minimum: 9 months (due to 4-month creditor period + administrative tasks)
• Average: 12-18 months for straightforward estates
• Complex: 2-4+ years with litigation, tax issues, or business interests

Why the wait?

1. Creditor claim period (minimum 4 months)
2. Estate debts must be paid first
3. Real estate sales (3-12 months if needed)
4. Tax returns filed
5. Final accounting prepared
6. Court approval obtained

When Can You Get Partial Distribution?

Executors with Independent Administration authority may make partial distributions if:

• Estate clearly has enough to pay all debts
• Distribution won't harm other beneficiaries
• Remaining beneficiaries consent
• Adequate reserves maintained

Can a Beneficiary Demand an Accounting in California?

YES - Absolutely! This is one of your most important rights.

Under Probate Code Section 10950:

• Any beneficiary can demand accounting at any time
• Executor must respond within 60 days
• Accounting must include all transactions
• Refusal is serious breach of duty

What Must Be in the Accounting?

Required information:

• All assets received (with values)
• All income earned
• All expenses paid (with receipts/invoices)
• All distributions made
• Current value of remaining assets
• Gains/losses on investments
• Beginning and ending balances

If Executor Refuses to Provide Accounting

You can:

1. Send formal written demand (certified mail)
2. File Petition to Compel Accounting
3. Request court hearing
4. Petition to remove executor
5. Recover your attorney fees from estate

Court's Response: Judges take accounting demands seriously. Executors who refuse face removal and surcharge.

What If Executor Is Not Communicating With Beneficiaries?

This is a common problem. Here's what to do:

Step 1: Document Everything

• Keep copies of all letters/emails to executor
• Note dates of requests
• Save returned receipts
• Track all communication attempts

Step 2: Send Formal Written Request

Include:

• Your name and address
• Relationship to deceased
• Specific information requested
• Reference to Probate Code 10950 (accounting right)
• Deadline for response (30 days)
• Statement you'll petition court if no response

Send via: Certified mail, return receipt requested

Step 3: Review Public Court File

Visit courthouse and review probate file:

• See what executor has filed
• Review inventories
• Check accounting filed
• Review court orders

LA County: Files available at Stanley Mosk Courthouse (downtown) or Glendale Courthouse

Step 4: Hire Attorney and Petition Court

File petition for:

• Order compelling communication
• Order compelling accounting
• Removal of executor
• Your attorney fees paid from estate

Grounds for Removal:

• Failure to perform duties
• Failure to account
• Failure to communicate
• Breach of fiduciary duty
• Mismanagement

Can an Executor Ignore a Beneficiary?

NO. Executors owe fiduciary duties to ALL beneficiaries, including:

Duty of Loyalty

• Act in beneficiaries' best interests
• No self-dealing
• No conflicts of interest
• Treat all beneficiaries fairly

Duty of Care

• Manage assets prudently
• Preserve estate property
• Make reasonable decisions
• Avoid unnecessary risks

Duty to Inform

• Keep beneficiaries reasonably informed
• Respond to reasonable inquiries
• Provide requested information
• Explain significant decisions

Violation Consequences:

• Removal from position
• Surcharge (personal liability for losses)
• Denial of compensation
• Payment of beneficiaries' attorney fees

How Long Does Executor Have to Notify Beneficiaries?

California law sets strict notice requirements:

Timeline:

• 15 days before probate hearing: Notice of Petition to Administer Estate
• Within 90 days of letters: Mail Duties and Liabilities form (DE-147)
• Within 4 months of letters: Inventory and Appraisal
• As needed: Notice of all significant proposed actions

Failure to provide proper notice:

• Delays proceedings
• Restarts statutory periods
• Can result in removal
• May create personal liability

Beneficiary Rights When Executor Selling Property

When executor wants to sell estate real estate:

With Independent Administration (IAEA):

You receive:

• 15-day Notice of Proposed Action (Form DE-165)
• Description of property and sale terms
• Proposed sale price and commission
• Right to object within 15 days

You can:

• Object to sale (forces court hearing)
• Argue price too low
• Question need for sale
• Propose alternative buyer

Without IAEA:

You receive:

• Notice of petition for authority to sell
• Notice of hearing date
• Opportunity to appear and be heard

You can:

• Attend confirmation hearing
• Bid on property yourself
• Object to sale terms
• Challenge sale necessity

Important: Executor cannot sell to themselves or family below market value (self-dealing).

Can Beneficiaries See the Will Before Probate?

Yes and no:

Before probate filed:

• Executor not legally obligated to show will
• But will becomes public once filed
• Beneficiaries can request informal viewing

After probate filed:

• Will becomes public record
• Anyone can view at courthouse
• Beneficiaries entitled to copy
• Executor should provide copy to named beneficiaries

What If You're Not Named in the Will?

Standing to contest depends on whether you:

• Were named in prior will
• Would inherit under intestacy (no-will laws)
• Were omitted by mistake
• Are "pretermitted" (accidentally omitted) child/spouse

Pretermitted Heirs (Probate Code 21620):

• Children born after will signed
• May receive intestate share
• Must prove omission unintentional

Do Beneficiaries Pay for Probate?

Indirectly, yes. All probate costs paid from estate before distribution:

Typical Costs (4-7% of estate):

• Attorney fees (statutory)
• Executor fees (statutory)
• Court filing fees
• Probate referee fees
• Accounting fees
• Bond (if required)

This reduces inheritance amount. Example:

• $500,000 estate
• $26,000 attorney + executor fees
• $3,000 other costs
• Beneficiaries receive: ~$471,000

This is why living trusts are better - avoid 4-7% probate costs.

Protecting Yourself as a Beneficiary

Smart beneficiary strategies:

✓ Request copy of will immediately ✓ Review probate petition carefully ✓ Attend probate hearing ✓ Demand accounting every 6-12 months ✓ Keep detailed records ✓ Review court file regularly ✓ Communicate concerns in writing ✓ Hire attorney if executor unresponsive ✓ Know your deadlines (contest = 120 days) ✓ Don't rely on executor alone - verify

Red Flags - When to Hire Attorney

Get legal help if:

• Executor won't communicate
• No accounting provided after request
• Suspicious transactions
• Assets "disappearing"
• Executor living in estate property rent-free
• Conflicts of interest
• Estate taking abnormally long
• Will seems suspicious
• You're being treated unfairly vs. other beneficiaries
• Executor using estate assets personally

Common Beneficiary Questions

Q: Can executor decide who gets what? A: No. Must follow will. Only discretion is timing of distributions and estate management decisions.

Q: What if I disagree with executor's decisions? A: Object via Notice of Proposed Action response or petition court.

Q: Can I force executor to distribute now? A: Only if estate solvent and all requirements met. Can petition for partial distribution.

Q: Do I have to accept inheritance? A: No. Can disclaim (refuse) inheritance within 9 months of death.

Q: Can executor give himself a bonus? A: No. Only statutory fees unless court approves extraordinary compensation.

Your Rights Summary

As California probate beneficiary you have right to:

1. Notice of all proceedings
2. Copy of will
3. Accounting showing all transactions
4. Timely communication
5. Fair treatment equal to other beneficiaries
6. Object to executor actions
7. Hire your own attorney
8. Contest will if grounds exist
9. Remove executor for cause
10. Receive inheritance after debts paid

Executors who violate beneficiary rights face:

• Removal
• Surcharge (personal liability)
• Loss of compensation
• Payment of beneficiaries' attorney fees

Get Legal Help Protecting Your Rights

Beneficiaries facing unresponsive or uncooperative executors should act quickly. Evidence disappears, assets get wasted, and deadlines pass.

Our Los Angeles County probate attorney helps beneficiaries:

• Compel accounting
• Remove problematic executors
• Contest invalid wills
• Stop executor misconduct
• Recover improperly distributed assets
• Expedite distribution

Free consultation: (818) 291-6217

We've helped hundreds of beneficiaries enforce their rights and receive their rightful inheritance. Don't let an executor take advantage - know your rights and protect yourself.

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Rozsa Gyene (CA Bar #208356) has represented probate beneficiaries in Los Angeles County for 25+ years. This article reflects California law as of January 2025.