What If the Heirs Disagree During Probate? Understanding Disputes in California Estates

Losing a loved one is emotional. Navigating probate on top of that can be overwhelming. But when heirs don’t see eye to eye, the process can become downright stressful.

It’s more common than people think. In Los Angeles County, where estates often involve valuable real estate and complex family dynamics, disputes between heirs during probate are one of the leading causes of delays and in some cases, full-blown litigation.

So, what happens when heirs disagree? What are their rights? And how can you move forward when the process stalls?

Let’s break it down.

What Might Heirs Disagree About During Probate?

Disputes can arise over almost anything especially when money, property, and emotions collide. Some of the most common reasons heirs clash include:

• Whether to sell or keep the family home

• Unequal distributions or feelings of being “left out”

• Suspicion of executor misconduct

• Disagreements over personal property or heirlooms

• Interpretation of vague or outdated wills

In high-value areas of Los Angeles County, even modest properties can carry significant financial weight, which adds pressure to already emotional decisions.

Does the Executor Have the Final Say?

Yes but only to a degree.

The executor (or administrator) is the court-appointed representative of the estate. They have fiduciary responsibility to follow the will (if one exists), manage the estate’s finances, and act in the best interests of all heirs. That includes:

• Maintaining or selling property

• Paying debts and taxes

• Distributing assets fairly

But the executor doesn’t have unchecked power. If heirs believe the executor is:

• Favoring one beneficiary over another

• Mismanaging estate funds

• Failing to communicate important updates

• Or not following the will properly

…they have the right to file a petition with the probate court and request court intervention.

Can the Court Step In If Heirs Don’t Agree?

Absolutely.

The Los Angeles County Probate Court regularly handles petitions to resolve disputes, including:

• Challenges to the validity of a will

• Requests for an accounting of estate funds

• Motions to remove an executor

• Orders to force or block a property sale

While the court aims to honor the deceased’s wishes, it also prioritizes fairness and legality. In many cases, the court may mediate a solution, order the estate to be divided in a certain way, or, in extreme situations, freeze the estate until the conflict is resolved.

How Can Families Resolve Disagreements Without Court Battles?

Litigation is time-consuming, expensive, and emotionally draining. Fortunately, most disputes can be resolved before things escalate. Here’s how:

✅ Mediation

In probate, mediation is often encouraged by the court. A neutral third party works with all parties to reach a fair agreement without going to trial.

✅ Transparent Communication

Executors who keep heirs informed especially about the home’s status, debts, and sale process — tend to avoid misunderstandings that spark conflict.

✅ Professional Guidance

Having the right professionals in place, including a probate attorney and a real estate team with probate experience (like us), ensures decisions are fair, documented, and in line with California law.

What If the Fight Is Over the Family Home?

This is one of the most common disputes.

Some heirs want to sell. Others want to keep it. Some want to buy out their siblings. Others argue over who gets what percentage.

Here’s how we help families across Los Angeles County handle it:

• Facilitate cleanouts and appraisals so everyone knows the true value

• Help one heir buy out the others (with financing referrals if needed)

• Handle listing and marketing for a fair, transparent sale

• Provide documentation so the court and all heirs have full visibility

Tips for Executors Dealing With Disputing Heirs

1. Stay neutral – Don’t take sides.

2. Keep records of every decision – Communication, financials, legal steps.

3. Be proactive about timelines – Avoid surprises that fuel resentment.

4. Get professional help early – The earlier disputes are addressed, the less likely they escalate.

How We Support Families in Conflict

At The Borges Real Estate Team, we’ve guided many families through probate when tensions were high. While we’re not attorneys, we work side-by-side with your legal team to bring transparency, clarity, and confidence to the real estate portion of probate the part where conflict often arises.

Our role is to help reduce pressure not add to it. We’re here to support Los Angeles County families with probate home valuations, sales, and solutions that protect the estate’s value and keep things moving forward.