Detailed answer — how to challenge a final accounting you were not notified about (California)

If your sibling filed a final accounting in your parent’s California probate case and you never received notice, you have several potential paths to protect your rights. Which path is available depends on the current status of the probate case (still open with a hearing scheduled, already approved but not yet distributed, or already closed and distributions completed). Act quickly — some remedies are time‑sensitive.

Step 1 — Confirm the case status and get the court file

Start by confirming whether a probate case exists and what actions the court already took. You can look up case information and obtain the case file from the superior court where your parent’s estate was or is being administered. Ask the clerk for:

• the case number;
• copies of the petition, proof of service, the final accounting and any court orders;
• dates and minutes of hearings and whether the court has already approved the accounting or made distribution orders.

Step 2 — Determine whether you were an “interested person” entitled to notice

Under California probate rules, “interested persons” typically include heirs, devisees (will beneficiaries), the surviving spouse, creditors with filed claims, and certain others with a legal stake in the estate. If you are an interested person and were not given notice of petitions concerning the accounting, that failure can be a basis to object or seek relief from the court.

Step 3 — If a hearing on the final account has not yet been held

If the final account has been filed but the court has not yet approved it or held a hearing, you can:

• File a written request for special notice (form DE‑154) so you receive future filings and hearings; courts provide this form and will add you to the service list. See California Courts forms for DE‑154: DE‑154 Request for Special Notice.
• File and serve a written objection to the accounting and any petition to settle it. Common objection grounds include lack of notice, incomplete or inflated expenses, improper distributions, failure to report needed transactions, or breach of fiduciary duty by the personal representative.
• Ask the court for more time or an order setting the matter for a hearing so you can present evidence and ask the court to require a corrected accounting or other relief.

Step 4 — If the court already approved the account but has not yet distributed assets

If the court signed an order approving the account but distribution has not occurred, you may be able to ask the court to set aside or modify that order. Typical steps include a motion or petition to set aside the order or an application asking the court to surcharge (hold the personal representative financially responsible for) improperly distributed amounts. Because deadlines and standards differ, you should act without delay and seek local counsel.

Step 5 — If the estate has been fully distributed and the case is closed

When distributions are complete, courts will be more reluctant to unwind transactions. Nonetheless, you may have remedies such as:

• Pleading that the distributions were procured by fraud, mistake, or failure to give required legal notice; courts can sometimes order recovery, surcharge the representative, or impose other remedies.
• Pursuing a separate civil action for breach of fiduciary duty if the personal representative abused its role or misapplied estate assets.

Because available remedies are narrower after distribution, prompt action is critical.

Important legal concepts and where to look

California’s probate statutes and court rules govern who must receive notice, how accounts are presented, and what the court can do when notice is defective. Useful official resources include:

• California Probate Code — full code and searchable sections: leginfo.legislature.ca.gov (Probate Code)
• California courts: general probate information and forms (self‑help): courts.ca.gov — Probate Self‑Help
• Request for Special Notice (form DE‑154) to receive future filings and hearings: DE‑154

Evidence you should gather

Collect documentation that supports your position, including:

• any communication you received (or evidence you did not receive mail) from the personal representative or attorney;
• the probate court file and proof of service documents (these show who was served and how);
• records showing your relationship to the decedent (birth certificate, will, beneficiary designations) that establish your status as an interested person; and
• bank, transfer, or title documents showing what assets were distributed and to whom.

When to hire a probate attorney

Probate issues can be technical and time‑sensitive. You should consult a probate attorney if the matter involves significant assets, complicated transactions, possible breach of fiduciary duty, or if you must act quickly to preserve rights. An attorney can draft objections, file motions, request relief, and represent you at hearings.

Practical timeline — act now

Even though exact deadlines vary by circumstance, treat any lack of notice as urgent. Retrieve the court file immediately, file DE‑154, and consult counsel so you do not miss windows of relief.

Helpful Hints

• Get the case number and full court file from the probate clerk as soon as possible.
• File form DE‑154 (Request for Special Notice) to ensure you get future filings and hearing notices: DE‑154.
• Check proof of service documents in the file to see who was supposed to be notified and how (mail, personal service, publication).
• Object in writing before the court approves the accounting, and be ready to explain how lack of notice prejudiced your rights or how the accounting is defective.
• If the court already approved the accounting, speak with an attorney about petitions to set aside orders, surcharge claims, or breach of fiduciary duty lawsuits.
• Keep careful records of all communications with the personal representative and any estate attorney.
• Consider mediation if parties want to avoid lengthy litigation — courts often encourage settlement when feasible.