If an executor does not do their job the right way, the beneficiaries of the Will can potentially sue for “breach of fiduciary duty”. In that instance, the executor can be held personally liable to all of the beneficiaries under the Will.
If the executor fails to meet their legal obligations, a beneficiary can sue them for breach of fiduciary duty. If there are multiple beneficiaries, all must agree on whether to sue an executor.
If an executor in California commits misconduct while handling the estate of a deceased person, the heirs and beneficiaries may be able to get their rightful assets back by filing a lawsuit against the executor.
An heir or beneficiary who thinks the executor is not doing as the will directs or is not acting in the interest of the estate has the right to appeal to the probate court.
An estate beneficiary has a right to sue the executor or administrator if they are not competently doing their job or are engaged in fiduciary misconduct.
In a routine probate proceeding, you can expect a minimum probate period of from 120 to 180 days.
In a routine probate proceeding, you can expect a minimum probate period of from 120 to 180 days. This allows for publication of creditor notices and gives creditors time to file claims. However, probate and estate administra- tion often take much longer if complications arise.
When should a probate be opened? As soon as practical following the person's death. In Nevada, if the total amount of the deceased person's assets exceeds $25,000, or if real estate is involved, probate (or administration) will be required, and there is normally no reason to delay starting the process.
There is no deadline after a person dies to file probate. But various bad things can happen when there is a long delay in filing probate if the assets of the dead person are not protected.