Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
1. Understand the Administrator’s Duties
Under California Probate Code section 100 (Prob. Code § 100), an estate administrator (also called a personal representative) must collect assets, pay debts and taxes, and distribute the remaining estate to beneficiaries according to the will or law.
2. Request an Accounting
If you suspect the administrator hasn’t properly managed the estate or delayed distribution, you can demand an accounting. California Probate Code section 11000 (Prob. Code § 11000) allows interested persons, including beneficiaries, to petition the court for a full accounting of all receipts and disbursements.
3. File a Petition for Distribution
When the estate’s assets are ready for distribution, you (or the administrator) must file a petition for final distribution under Probate Code section 10800 (Prob. Code § 10800). The court will set a hearing, confirm the accounting, and order distribution of assets to beneficiaries.
4. Seek Court Enforcement
If the administrator refuses to comply with a court distribution order, you can ask the court to enforce its order. Remedies include:
- Contempt Proceedings: Ask the court to hold the administrator in contempt for failing to follow a court order.
- Surcharge Petition: Under Probate Code section 17200 (Prob. Code § 17200), you can request the court hold the administrator financially responsible for losses caused by breach of duty.
- Removal: If misconduct or neglect persists, you can petition for removal under Probate Code section 8500 (Prob. Code § 8500).
5. Obtain Your Share
Once the court orders distribution, the administrator must pay your inheritance share. If payment still doesn’t occur, you can ask the court to appoint a receiver or request entry of money judgment, which may allow levy on personal property or real estate.
Helpful Hints
- Document all communications and requests in writing.
- Act promptly—probate timelines run on statutory deadlines.
- Attend all court hearings or send a representative.
- Review the will or trust carefully to understand your share.
- Consult a probate attorney for complex estates or disputes.