Understanding Your Rights Under California Probate Law

If someone proposed to serve as an administrator (personal representative) of a California estate is withholding asset information or estate documents from you, you have clear options under California probate practice. This article explains practical steps you can take, the legal tools the probate court provides, and when to involve an attorney. This is an educational guide and not legal advice. For official probate rules see the California Probate Code and the California Courts self-help pages: California Probate Code and California Courts — Probate Self-Help.

Detailed Answer — Step-by-step actions you can take

1. Confirm your legal status and the administrator’s role

First confirm whether you are an heir or a beneficiary. Only heirs, beneficiaries, or interested persons have standing to demand estate information or to go to court in a probate case. Next, check whether the proposed administrator already has “letters” (letters testamentary or letters of administration) issued by the probate court. The person must have official authority from the court before exercising many fiduciary powers.

2. Ask for the documents in writing and keep records

Make a formal written request for the documents you want (inventory, appraisal, bank statements, deeds, title documents, beneficiary lists, accountings, correspondence with banks, and receipts). Send the request by email and by certified mail (return receipt) if possible. Save copies of everything you send and receive. Courts will expect to see that you tried to resolve the issue informally before asking for judicial relief.

3. Know what the law requires the administrator to produce

Under California probate practice, a personal representative must identify and safeguard estate property, and (after appointment) is required to file certain reports with the court, such as an inventory and appraisal and accountings. If those filings are due and not provided, you can ask the court for enforcement. For general information about probate duties and procedures see the California Probate Code and the California Courts probate self-help pages: Probate Code and CA Courts — Probate Self-Help.

4. Ask the court to compel production or an accounting

If the administrator refuses or ignores reasonable requests, you can file a petition in the probate court where the estate is being handled asking the judge to: (a) order the administrator to provide the missing estate records; (b) require the administrator to file an accounting; or (c) compel production of an inventory and appraisal. The probate court has the power to force disclosure and to set deadlines.

5. Seek removal, surcharge, or contempt if misconduct is serious

If the administrator’s refusal amounts to a breach of fiduciary duty (e.g., hiding assets, converting property, ignoring court orders), you can ask the court for stronger remedies. The court can remove the administrator, impose a surcharge (monetary liability) for losses, or hold the administrator in contempt if the person disobeys court orders. If you suspect theft or fraud, you can also notify law enforcement or the district attorney.

6. Use discovery tools and subpoenas

In probate proceedings you can use formal discovery (requests for documents, depositions) and ask the court to issue subpoenas to banks or third parties to obtain records. The court can order banks to produce statements or other documents even if the administrator refuses to cooperate.

7. Mediation and settlement

Sometimes a court-referred mediation session resolves disputes faster than litigation. Mediation can produce a written agreement about access to records and future accountability without a protracted fight.

When to Get an Attorney

If the administrator continues to block information after written requests, or if you suspect asset diversion or fraud, consult an attorney experienced in California probate law. An attorney can draft stronger demand letters, prepare the court petition(s) (to compel accountings, remove a personal representative, or seek surcharge), and represent you at hearings. For help finding counsel, see the State Bar of California lawyer referral: Find a Lawyer — State Bar of California.

Evidence to Gather Before You File

Copies of your written requests and any responses.
Correspondence or emails suggesting the administrator’s control of estate assets.
Any records you already have (wills, bank receipts, property deeds, beneficiary designations).
Proof of beneficiary or heir status (family tree, will, trust language).
Notes about phone calls, meetings, or suspicious transactions (dates, amounts, witnesses).

Potential Remedies the Court Can Order

Order to produce an inventory, appraisal, records, or an accounting.
Appointment of a temporary or successor personal representative if there’s pressing risk to estate assets.
Monetary surcharge against the administrator for wrongful taking or mismanagement.
Removal of the administrator for failure to perform fiduciary duties.
Contempt sanctions for failure to obey court orders.

Helpful Hints

Start with a clear written request. Courts look favorably on claimants who tried to resolve disputes informally.
Use certified mail or documented email to prove delivery of your requests.
Keep a careful timeline of requests and any suspicious activity or missing funds.
Check the probate court docket online to see filings and deadlines. Many California courts provide online case access.
Consider a limited-scope attorney consultation to learn whether you should petition the court immediately.
Mediation can be quicker and less expensive than litigation when the dispute is about information, not theft.
If you suspect criminal conduct (theft or fraud), contact local law enforcement or the district attorney in addition to seeking civil remedies in probate court.

Disclaimer: This article provides general information about California probate procedures and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed California attorney.

Useful links: California Courts — Probate Self-Help, California Probate Code (legislature), State Bar of California — Find a Lawyer, California Judicial Council — Probate Forms.