FAQs About the Executor Not Communicating With Beneficiaries
In the following sections, we provide responses to the most frequently asked questions surrounding the executor withholding information from beneficiaries.
How long does the executor have to pay beneficiaries?
In general, executors and administrators have one year from the date of their appointment to distribute the estate to beneficiaries.
That said, many estates are complex and cannot be settled within a one-year timeframe. For example, if an estate contains numerous real properties, some or all of which need to be sold, estate administration could be prolonged. The same thing could happen if the estate is involved in litigation (e.g., will disputes, property disputes, 850 petition hearings, fiduciary misconduct).
If executors and administrators have valid reasons for administration spanning longer than a year, the court generally will grant them an extension to complete their duties.
Does an executor have to show accounting to beneficiaries?
As previously discussed, executors generally are required to provide beneficiaries with a formal accounting at least once a year for every year the estate remains active after the decedent's death. If executors refuse to provide accountings or provide inaccurate accountings, it is crucial beneficiaries work with a lawyer to secure or analyze these documents.
Executors may also have to provide accountings to beneficiaries if they have been informally requested. For example, if a beneficiary is concerned that the executor is compensating themselves too generously for the time they’ve spent managing the estate, they can ask to see an informal accounting of the hours they’ve worked and the tasks that were completed during that time.
What if the executor does not probate the will?
A formal probate usually is only needed if a decedent leaves behind an estate worth more than $184,500. If the estate is not worth this much, shortcut procedures, such as small estate affidavits, can sometimes be used in place of a formal probate.
When a formal probate is required, but the executor fails to probate the will, it can result in harm to the estate.
As an example, if probate was not opened by the executor in a timely fashion, the estate could suffer adverse tax consequences or other financial losses.
Without the will being probated, it also would be impossible to transfer estate assets to beneficiaries. Additionally, you wouldn't know whether the will being used is the authentic last will and testament of the decedent.
Any executor who is aware of their role but nevertheless fails to admit the will to probate can be held personally liable for their failure to act, especially if the estate experiences a loss in value because of it.
How do I make sure an executor is honest
To ensure the executor remains honest over the course of administration, beneficiaries should make it a point to play an active role in administration. They should be familiar with the contents of the will, the nature of their inheritance, the duties of the executor and the steps of the administration process. They should also carefully review all accountings and documents the executor shares with them.
If beneficiaries are playing an active role in administration, it could make it more difficult for the executor to steal or commit other acts of misconduct because the beneficiaries would be more likely to notice.
If beneficiaries have families, careers and other commitments that hinder their ability to keep tabs on the executor’s activities, they should consider hiring a lawyer to take on this burden for them.
Is there a time limit for an executor to finish their duties?
As discussed in a previous section, executors technically have one year from the date they are appointed to complete their duties, which include preparing accountings, paying creditors and distributing assets to beneficiaries, among other things.
However, in practice, an estate can rarely be fully administered within one year, particularly if estate administration is complex. In such a case, the courtstypically would grant the executor additional time to complete administration.
Can an executor decide who gets what?
Under most circ*mstances, executors cannot decide who gets what. They are bound to distributing the estate in accordance with the terms of the will. If they defy the instructions provided in the will, they could be sued, causing them to potentially be heldliable for the damage they caused.
What can be done about a beneficiary harassing an executor?
If beneficiaries are persistently approaching the executor for information, it may seem like harassment to the executor, but from the perspective of the law, it is not.
Beneficiaries have a right to seek information from the executor, even if this right interferes with the executor’s peace. If executors provide beneficiaries with the information they need to enforce their inheritance rights, there is little reason for beneficiaries to seek information from them.
On the other hand, if the executor already has too much on their plate to deal with beneficiaries’ information requests, they could either decline their appointment at the initial probate hearing or resign from their role if the will has already been admitted to probate.
