Detailed Answer
Short answer: Yes — under California law beneficiaries, heirs, and other interested persons can ask the probate court to require an executor or administrator to provide a full accounting of estate assets and transactions. You can often request the accounting informally first, and if that fails you can file a formal petition in the probate court asking the court to compel an accounting and to review the executor’s actions.
What an “accounting” means
An accounting is a detailed, written statement listing estate assets at the start of administration, all receipts (money in), disbursements (money out), transfers, investments, sales, fees paid, creditor payments, distributions made to beneficiaries, and any remaining assets. The accounting shows how the personal representative managed the estate and supports the final distribution and closing of the estate.
Who can demand an accounting?
Interested persons may request an accounting. That generally includes:
- Beneficiaries named in the will (devisees) and beneficiaries under intestacy (heirs).
- Creditors in some circumstances.
- Anyone with a property or distribution interest in the estate or who is authorized under the will or by statute to receive information.
When must the personal representative account?
There are several common situations where accounting occurs:
- Final accounting: Before the court approves final distribution of the estate, the personal representative normally files a final account showing all activity and proposed distribution.
- Interim accounting: If there are disputes or the court orders it, the court can require interim accountings of the representative’s actions while administration is ongoing.
- Supervised vs. independent administration: In supervised administration the court supervises many actions and requires more frequent filings and accountings. In independent administration (common when the will or court grants independent authority), the personal representative has broader authority and routine court oversight is limited — but beneficiaries can still ask the court to compel an accounting if justified.
How to get an accounting — step by step
- Ask informally first. Contact the executor/administrator and request documents (bank statements, receipts, inventory/appraisal, check registers). Many disputes resolve after exchanging records.
- Send a written demand. If an informal request fails, send a written demand for an accounting. Keep records of the demand.
- Check for waivers. Some beneficiaries sign waivers of accounting or trust provisions that limit accountings. Review any signed documents or the will language. If a beneficiary waived their right, the court may enforce the waiver.
- File a petition with the probate court. If you still do not get an accounting, file a petition (often called a petition to compel accounting, or a petition for order requiring account) with the probate court where the estate is open. The petition asks the court to order the representative to prepare and file an accounting and to produce supporting documents.
- Court hearing and order. The court will set a hearing. If the court finds that an accounting is warranted, it will order the representative to file a detailed accounting and may set deadlines and discovery rules.
- Remedies if misconduct is found. If the accounting reveals mismanagement, the court can surcharge (hold the personal representative financially responsible), order removal of the representative, order restitution, require an increased bond, impose contempt sanctions, and/or award attorney fees in appropriate cases.
Practical considerations and limits
- Costs and timing: Court petitions, attorney involvement, and hearings cost money and take time. Consider whether informal resolution or mediation is possible before going to court.
- Waivers and releases: If a beneficiary signed a valid, informed waiver of notice or accounting, that may limit the ability to demand court accountings. Review any releases carefully.
- Scope of review: The court generally reviews whether the accounting is complete and whether transactions were proper under the law and the terms of the will or trust.
- Preserving evidence: Save bank statements, canceled checks, emails, and correspondence that show transactions you question. That evidence helps at a court hearing.
Relevant California resources
California law and court resources that explain probate duties and procedures:
- California Probate Code (official text): https://leginfo.legislature.ca.gov/faces/codes.xhtml?lawCode=PROBATE
- California Courts — Probate self-help: https://www.courts.ca.gov/selfhelp-probate.htm
- California Courts — Forms (probate): https://www.courts.ca.gov/forms.htm?filter=probate
Common court actions and remedies
- Order to file accounting: The court can order the representative to file a full accounting with supporting documents.
- Surcharge: If the representative is found to have improperly taken or lost estate funds, the court can order repayment or surcharge against the representative.
- Removal: The court can remove a personal representative for misconduct or inability to perform duties.
- Bond adjustments: The court can require a larger fiduciary bond to protect the estate.
- Attorney’s fees and costs: In some circumstances the court may award fees to the successful party, especially where misconduct is established or where attorney fees are authorized by law or the will.
Helpful Hints
- Start by asking for an informal accounting: a concise, dated list of all transactions and current asset balances. Many issues resolve after transparency.
- Gather your documentation: copy of the will, letters testamentary or letters of administration, inventory and appraisal, bank statements, canceled checks, bills paid, and correspondence.
- Check whether the estate is independently administered. Independent administration reduces routine court oversight, making it more likely you’ll need to petition the court to obtain an accounting.
- Consider mediation or settlement: courts often encourage alternative dispute resolution to avoid costly litigation.
- File a petition to compel accounting only after reasonable attempts to resolve matters informally — courts appreciate that you tried to avoid needless proceedings.
- Be mindful of potential waivers: if you signed a waiver of accounting, you may have limited remedies. Ask a lawyer to review any waivers or releases before relying on them.
- If possible, consult an attorney familiar with California probate law early. An attorney can advise about forms, pleadings, timelines, and likely costs versus benefit.
Disclaimer: This article provides general information about California probate procedures and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed California attorney who can apply the law to your facts.