Disclaimer: I am not a lawyer. This article provides general information about California probate procedures and common options when a family member accuses a personal representative of mishandling estate property. This is not legal advice. For advice about your specific situation, consult a licensed California attorney.

Short answer — the usual outcomes

If you sold your deceased parent’s car while acting as the estate’s personal representative (executor/administrator), a sibling can challenge that action. The court will look at whether you had authority to sell the vehicle, whether you followed the required procedures (inventory, appraisal, notice, or court approval when needed), and whether the sale was for a fair price. Possible results include: the court approves the sale, orders an accounting and awards a surcharge (financial recovery) if you breached duties, orders return of funds or equivalent value to the estate, or removes you as personal representative. In severe cases, criminal charges could be possible if the conduct was fraudulent.

Detailed answer — what California law and probate practice require

1) Who has authority to sell estate property?

Only a person appointed by the probate court as the estate’s personal representative (executor, administrator, or successor) generally has legal authority to handle estate property. If you sold the car before appointment, the sale may not bind the estate unless the court ratifies it. If you sold the car after appointment, your authority depends on the will (if any), the scope of letters you received from the court, and whether the sale was ordinary and reasonable under the circumstances.

2) Duties you owe as a personal representative

As the representative you owe fiduciary duties to the estate and beneficiaries: act in the estate’s best interest, avoid self-dealing, obtain fair value for estate property, and keep clear records. Typical procedural duties include preparing and filing an inventory/appraisal of estate assets and providing required notices or obtaining court approval for certain sales. Beneficiaries can ask the court for an accounting of what you did and why.

3) Common procedural steps and timing

• Inventory and appraisal: Probate practice typically requires the filing of an inventory and appraisal of estate assets so beneficiaries and the court know what exists.
• Accounting: Beneficiaries may demand an accounting or can ask the court to order one if they suspect mismanagement.
• Court approval for sales: Some sales of estate property require notice to beneficiaries and/or court approval (for example, sales of major assets or sales to interested persons). If sale procedures were skipped, the sale can be challenged.

4) If a sibling objects — typical legal pathways

Your sibling can take one or more of these actions in California probate court:

• Request an accounting so the court reviews what you did with the car sale proceeds.
• File a petition challenging the sale or seeking instructions (asking the court to decide whether the sale was proper).
• Ask the court to surcharge you — a surcharge is a civil remedy that makes a fiduciary repay the estate for losses caused by breach of duty.
• Move to remove you as personal representative if there is evidence of dishonesty, incompetence, or failure to perform duties.
• Bring a civil claim for conversion or breach of fiduciary duty outside probate if appropriate.

5) Possible court outcomes

• The court may determine the sale was proper and dismiss the objection.
• The court may order an accounting, require you to repay any loss to the estate, or impose a surcharge.
• The court could order removal and replacement of the personal representative.
• In rare cases with clear evidence of theft or fraud, criminal authorities might get involved — that is separate from probate remedies.

6) Factors the court will consider

The court looks at practical and legal factors including:

• Were you lawfully appointed and acting within the powers granted by the court?
• Did you disclose the sale to beneficiaries and follow notice requirements?
• Was the car sold at fair market value or were you undercutting the estate?
• Were there conflicts of interest (e.g., you sold the car to yourself or a close associate)?
• Did you keep clear records showing receipts, expenses, and distribution of sale proceeds?

7) Practical steps to take if you sold the car and a dispute arises

1. Gather documents: sale contract, payment records, title transfer, advertisements or comparable vehicle listings, appointment papers (letters testamentary/letters of administration), and any communications with beneficiaries.
2. Prepare an accounting: a simple written accounting of how the proceeds were handled (paid debts, funeral costs, estate expenses, or kept in estate account).
3. Communicate early: offer to explain the sale, provide records, and consider mediation before litigation.
4. If you did nothing wrong: respond with records and a factual timeline to show good faith and fair value.
5. If you did not have authority: be ready to ask the court to ratify the sale or to return funds if required.

8) When to get a lawyer

Hire a California probate attorney if:

• A beneficiary has filed a petition in court against you.
• There are accusations of fraud or large financial losses to the estate.
• You face a possible removal or surcharge claim you cannot resolve informally.

Where to learn more and official resources

• California Courts — Probate self-help information: https://www.courts.ca.gov/selfhelp-probate.htm
• California Legislative Information — Probate Code (full text and searches): https://leginfo.legislature.ca.gov/

Helpful Hints

• Keep detailed records: receipts, title transfer paperwork, and how you used sale proceeds. Clear records often resolve disputes quickly.
• Get a fair market valuation: if you sell a vehicle, save proof of fair price (comparables, dealer quotes, or an independent appraisal).
• Follow court procedures: file inventories, accountings, and notices required by the probate court when you are the personal representative.
• Talk first: offer a clear explanation to the sibling and show documentation before the matter goes to court.
• Consider mediation: many courts encourage or require mediation to settle estate disputes without prolonged litigation.
• Act fast on petitions: if a sibling files in court, respond promptly and consider counsel to avoid default rulings.
• Separate personal property from estate property: do not mix funds or promise estate assets to anyone before court approval or final distribution.