Sacramento, CA asked in Probate for California

Q: How does one go about compelling the personal representative of an estate to provide accounting and status. It is now 11

Letters were issued in Jan 2023

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, if you are a beneficiary or an interested party in an estate and the personal representative is not providing necessary accounting or status updates, there are legal steps you can take to compel this information.

First, you should formally request an accounting from the personal representative. This can be done in writing, making your request clear and stating your legal standing in the matter. If the personal representative fails to respond or provide the requested information, the next step is to take legal action.

You have the right to petition the probate court to compel the personal representative to provide an accounting. This petition should detail your attempts to obtain the information informally and the personal representative's failure to comply.

The court has the authority to order the personal representative to provide an accounting and explain the status of the estate. In cases where the personal representative is found to be in breach of their fiduciary duties, the court may take additional actions, including their removal and appointment of a new personal representative.

It is important to act promptly as delays can complicate estate matters. Seeking guidance from an attorney experienced in probate and estate law can be very helpful in navigating this process effectively. They can assist you in preparing and filing the petition and represent your interests in court.

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