Detailed Answer
Short answer: In California, contesting a probate accounting more than a year after the court approved it is difficult but sometimes possible. You cannot usually file a late appeal simply because time has passed. Instead you must identify an extraordinary legal pathway — for example, asking the court to set aside or vacate the approval for reasons such as extrinsic fraud, lack of notice, mistake, or newly discovered assets — and show strong proof. Each remedy has strict procedural rules and deadlines, so immediate action and legal help are important.
How probate accountings are finalized (high-level)
When an executor, administrator, or personal representative files a periodic or final accounting, the probate court reviews it and, after notice to interested persons, may approve it. Approval usually results in a court order or judgment that disposes of the estate or authorizes distributions. That court order is final for most purposes unless timely challenged by appeal or other authorized procedure.
Usual deadlines and finality
Appeals and objections to probate orders are governed by strict rules. For most civil appeals (including many probate orders), the time to appeal after notice of entry of judgment is limited (commonly 60 days in many probate-related contexts). See California Rules of Court, rule 8.104 for the usual civil appeal period. Because those appeal deadlines are short, a year after approval normally puts you outside the ordinary appellate window. See California Rules of Court, rule 8.104: courts.ca.gov — CRC 8.104.
Remedies when more than a year has passed
- Motion to set aside or to obtain relief from judgment (Code of Civil Procedure § 473): If the delay was caused by excusable mistake, inadvertence, surprise, or excusable neglect, or if there was extrinsic fraud that prevented participation in the proceedings, you can ask the court for relief under CCP § 473. That statute authorizes courts to relieve a party from a judgment or order on certain grounds. Link: Cal. Code Civ. Proc. § 473. Relief under § 473 is not automatic; you must show a valid reason and file promptly once you learn of the judgment or the reason for relief.
- Petition to reopen the estate or for a supplemental accounting: If you discover assets or evidence that the court never considered (for example, substantial newly discovered assets or proof the executor concealed property), you can petition the probate court to reopen the estate or to require a supplemental accounting. Courts are more likely to grant relief where assets were omitted or the fiduciary concealed material facts.
- Petition for surcharge or for an accounting based on misconduct: If the approved accounting hides misconduct (self-dealing, misappropriation, breach of fiduciary duty), beneficiaries can seek relief by petitioning the court for surcharge (money damages against the fiduciary) or an order compelling a new or supplemental accounting.
- Extraordinary writ or equitable remedies: In very narrow circumstances, you may be able to seek extraordinary relief (writs) or equitable remedies if the probate court lacked jurisdiction or if the result involved collusion or fraud on the court. These remedies are exceptional and require prompt action.
What you must prove
After the normal appeal window closes, courts require strong reasons to upset a settled order. Typical grounds that may succeed include:
- No proper notice was given to an interested person (so that person had no realistic opportunity to object);
- Extrinsic fraud — conduct by the fiduciary that prevented participation in the original proceeding (e.g., forgery, deliberate concealment);
- Newly discovered evidence that could not reasonably have been found earlier and that would probably have changed the outcome;
- Clear mistake or clerical error that led to an incorrect order; or
- Proof that the fiduciary breached duties and caused loss to the estate.
Practical step-by-step process (typical)
- Get the courtroom record: obtain certified copies of the accounting, the court’s order approving it, and the probate docket. These records show dates and what was (or was not) noticed to interested persons.
- Identify your legal theory: was there lack of notice, fraud, mistake, newly discovered assets, or fiduciary breach? The chosen theory determines the remedy (motion to vacate, petition to reopen, petition for surcharge, etc.).
- Act quickly: many post-judgment remedies require prompt filing once you know the facts. Delay can kill your claim by laches or by the court finding no adequate excuse for late action.
- File the appropriate petition or motion with the probate court and serve all interested persons. Common filings include a motion for relief under CCP § 473, a petition to reopen the estate or for a supplemental accounting, or a petition for surcharge or removal of the fiduciary.
- Gather evidence: bank statements, cancelled checks, communications, signed receipts, appraisals, and any proof of concealment or misreporting. The stronger your documentary proof, the higher your chance of success.
- Be prepared for opposition and discovery. The fiduciary may defend vigorously; you may be required to pursue discovery and attend hearings.
Practical examples (hypothetical)
Example A: You learn 18 months after approval that the executor never gave you notice of the hearing on the final accounting. If you can prove lack of notice and that you would have objected, a court may grant relief and reopen the accounting.
Example B: You discover that the executor sold a valuable asset and pocketed the proceeds. That constitutes misconduct. Even if a year has passed, you can petition to surcharge the executor and seek a new accounting.
Why an attorney matters
Post-approval challenges involve complex procedural rules and high proof burdens. An attorney experienced in California probate can:
- Review the file and quickly identify viable legal grounds;
- Draft the correct petition or motion with supporting evidence and declarations;
- Handle expedited procedures if assets are at risk; and
- Represent you at contested hearings and through discovery.
For reference to state sources, consult the California Probate Code (general probate law) at the California Legislative Information website: leginfo.ca.gov — Probate Code, and the relief-from-judgment statute: Cal. Code Civ. Proc. § 473. Also see California Rules of Court regarding appeal timing: CRC 8.104.
Bottom line
If more than a year has passed since a probate court approved an accounting in California, you should not assume all relief is unavailable. However, ordinary appeals are usually time-barred. Your best options are extraordinary remedies: a motion to set aside under CCP § 473, a petition to reopen the estate for omitted assets, or a surcharge/removal petition for fiduciary misconduct — but you must act quickly and present strong, specific evidence.
Disclaimer
This article explains general California probate principles and is for educational purposes only. It is not legal advice. Consult a qualified probate attorney in California promptly to evaluate the specific facts and deadlines that apply to your matter.
Helpful Hints
- Obtain certified court records immediately — dates and notices are critical.
- Document everything: bank records, transfer documents, communications, and proof of notice (or lack of notice).
- If you discover newly found assets, file a petition to reopen as soon as possible.
- If you lacked notice of the accounting hearing, collect proof (postal records, emails, affidavits) to support a claim of defective notice.
- Look for signs of concealment or self-dealing by the fiduciary — these facts strengthen surcharge or removal claims.
- Deadlines can be short even for post-judgment relief; do not wait to consult counsel.
- Consider interim relief (temporary injunctions or restraints) if estate assets are at risk of dissipation.
- Keep expectations realistic: courts favor finality, so extraordinary circumstances are usually required to reopen settled matters.