What Happens If the Executor Refuses to Act in California Probate?

If the executor of a California probate refuses to act either by not filing paperwork, not responding to the court, or failing to fulfill their duties the court may remove them and appoint someone else. This usually involves a formal petition and hearing to replace the executor, often giving priority to alternate nominees or next of kin.

Can an Executor Refuse to Act?

Yes. In California probate cases, an executor can decline the role either from the start or after initially accepting it. They may do so due to stress, lack of time, conflict of interest, or emotional difficulty managing a loved one’s estate.

If they decline before being officially appointed by the court, the alternate executor named in the will is next in line. If none is named, or that person is also unwilling or unable to serve, the court will appoint an administrator typically a close relative or beneficiary.

What If the Executor Accepts and Then Stops Doing Their Job?

This is more complicated. If an executor accepts the role and then:

• Fails to open probate

• Refuses to communicate with beneficiaries

• Doesn’t file required documents

• Neglects asset management or distribution

...then any interested party (such as a beneficiary, creditor, or co-executor) can petition the probate court for removal.

How Do You Remove an Inactive Executor in California?

Here’s how the process works:

1. File a Petition with the Probate Court

• Anyone with a financial or legal interest can file.

• The petition must include evidence of misconduct, negligence, or refusal to act.

2. Court Schedules a Hearing

• The executor will be notified and given a chance to respond.

3. Judge Makes a Ruling

• If the court agrees that the executor is failing their duties, they’ll be removed and a replacement will be appointed.

Who Replaces a Removed or Absent Executor?

California follows this order of priority:

1. Alternate executor named in the will

2. Other named executors (if multiple)

3. Beneficiaries or heirs (often in order of closeness to the deceased)

4. Public Administrator (a county official) if no one steps forward

Can a Beneficiary Take Over as Executor?

Yes, but they must petition the court and prove they are capable and appropriate. The court will assess:

• Their relationship to the deceased

• Whether they’re a named heir or creditor

• Whether other parties object

Does This Delay the Probate Process?

Absolutely. A stalled or inactive executor can delay probate for months or even years. That’s why California courts take this issue seriously. Beneficiaries often suffer due to property sitting unsold, bills piling up, or lack of access to estate funds.

What Should You Do If the Executor Is Delaying Probate in Los Angeles?

If you’re in Los Angeles or Pasadena and the executor isn’t taking action, here’s what you can do:

Steps You Can Take:

• Start by contacting them (if you haven’t already).

• Document the delay (emails, letters, lack of filings).

• Consult a probate attorney for formal advice.

• File a petition for removal if necessary.

You don’t have to wait endlessly while the estate remains in limbo.

Real-World Example: Delayed Sale of Inherited Home in Pasadena

A family in Pasadena recently contacted The Borges Real Estate Team after six months of silence from the executor. The house was sitting empty and deteriorating. With our help and their attorney’s petition, the court removed the executor. A sibling was appointed in their place, and we listed the home within 30 days receiving multiple offers above asking.

How We Can Help

If you’re stuck because an executor isn’t acting or you’ve been named as a potential replacement we can:

• Guide you through your rights as a beneficiary

• Connect you with trusted probate attorneys

• Help prepare the property for sale

• Handle cleanout, staging, and marketing

You don’t need to wait forever. We’ll help you move forward.
Contact us here