What if an executor doesn't follow the will?
Asked by: Kellen Fahey | Last update: June 11, 2026Score: 4.2/5 (24 votes)
If an executor doesn't follow a will, beneficiaries can take legal action, including petitioning the probate court to compel action, demand an accounting, request a neutral third-party administrator, or even have the executor removed and surcharged for losses, as executors have a fiduciary duty to act in the estate's best interest, and failing to do so can lead to court intervention and financial penalties.
What happens if the executor doesn't follow the will?
The chosen executor can be removed and sued for financial harm they caused. Your attorney may take the following steps: Petition the probate court to compel the executor to properly perform their duties. Petition the probate court requesting the executor's removal and stating the reasons why.
How is an executor held accountable?
In such cases, beneficiaries may have grounds to hold the executor personally liable for the financial losses their misconduct caused the estate to incur. If the misconduct is severe, they may also be justified in seeking the executor's removal.
Is there a time limit for an executor to finish their duties?
Yes, executors have a time limit, generally expected to settle an estate within 9-12 months, but it can stretch to several years for complex estates, with state laws, court deadlines (like for creditors to file claims), and complications (like contesting a will or selling property) dictating the actual timeline, though unreasonable delays can lead to personal liability for the executor.
What to do if the executor is ignoring you?
If the executor fails to respond to you there would be grounds to file a petition with the probate court requesting an accounting and/or removal of the executor for breach of fiduciary duties.
What Happens If An Executor Doesn't Follow The Will? - Wealth and Estate Planners
How long can an executor delay?
While there are no set deadlines or time limits, executors are generally expected to complete estate administration within 12 months from the date of death. This is often referred to as the “executor's year” and it usually allows all the time the executor will need to carry out their duties properly.
How often should an executor update beneficiaries?
How often does the executor have to keep me informed? There's no set timescale for how often an executor should update beneficiaries, however it's good practice for everyone to agree at the start on how and when they'll keep you informed while they're administering the estate.
What are common executor mistakes?
Common executor mistakes involve poor financial management (not keeping records, commingling funds, paying bills too early), failing to communicate with beneficiaries, rushing or delaying the process, mismanaging assets, ignoring legal and tax obligations, and not seeking professional help, all leading to significant delays, legal issues, and personal liability.
How long does the executor of a will have to settle an estate?
In general, executors are expected to distribute assets within several months to a year, though larger or contested estates may take longer. Probate courts often set deadlines for filings, but final distribution typically occurs only after debts, taxes and administrative expenses are settled.
Can an executor screw over a beneficiary?
An executor can override a beneficiary when they are acting in accordance with state statutes, the terms of a will and the level of legal authority they've been granted by the court to administer an estate. This holds true even in instances where beneficiaries disagree with their decisions.
What disqualifies an executor?
Surrogate's Court Procedure Act § 707 states that a nominated executor is ineligible to serve it if they are: (a) an infant; (b) an incompetent or incapacitated person as determined by the Court; (c) a non-citizen or non-permanent resident of the United States; (d) a felon; and (e) one who does not possess the ...
How difficult is it to change the executor of a will?
How to change the executor of a will after death. To remove someone who's been appointed as an executor by the testator (the deceased), the executor in question would either need to sign a renunciation, which means they would no longer be entitled to manage the deceased's estate.
What is the 2 year rule for deceased estate?
The "two-year rule" for deceased estate property, primarily an Australian Capital Gains Tax (CGT) rule, allows beneficiaries to claim a full CGT exemption on the deceased's main residence if sold within two years of death, provided certain conditions (like it being the deceased's home at death and not rented) are met; otherwise, capital gains may be taxed, though the Australian Taxation Office (ATO) offers extensions for unavoidable delays like probate issues or legal disputes. In the US, a similar but distinct "step-up in basis" rule resets the property's cost basis to its fair market value at death, reducing potential capital gains, with separate rules for surviving spouses' $500k exclusion.
Can an executor decide who gets what after death?
To this end, executors are prohibited from altering the deceased's will. When it comes time to distribute assets to named beneficiaries, they may not change, override or ignore the will. Executors of estates are also discouraged from distributing assets to beneficiaries before the estate has been appropriately taxed.
How to hold an executor accountable?
To hold an executor accountable, first request information and an accounting in writing, then if unresolved, file a formal petition with the probate court to compel action, seek removal, or recover damages, backed by evidence of misconduct like self-dealing or mismanagement. Consult a probate attorney for guidance, as they can help gather evidence (bank records, communication logs) and pursue legal action for breach of fiduciary duty, potentially leading to the executor's removal, personal liability for losses, or even criminal charges.
What are the six worst assets to inherit?
The 6 worst assets to inherit often involve high costs, legal complexities, or emotional burdens, including timeshares, debt-laden properties, family businesses without a plan, collectibles, firearms (due to varying laws), and traditional IRAs for non-spouses (due to the 10-year payout rule), which can become financial or logistical nightmares instead of windfalls. These assets create stress and unexpected expenses, often outweighing their perceived value.
What is the 7 year rule for inheritance?
The "7-year inheritance rule" (primarily a UK concept) means gifts you give away become exempt from Inheritance Tax (IHT) if you live for seven years or more after making the gift; if you die within that time, the gift may be taxed, often with a reduced rate (taper relief) applied if you die between years 3 and 7, but at the full 40% if you die within 3 years, helping people reduce their estate's taxable value by giving assets away earlier.
How long does an executor have to finalise a will?
There is however a general principle under the common law that the executor ought to complete the administration of the estate within a year of the deceased's death. This is referred to as the “executor's year”. It is not a hard and fast rule.
What is the 40 day rule after death?
The "40-day rule after death" refers to traditions in many cultures and religions (especially Eastern Orthodox Christianity) where a mourning period of 40 days signifies the soul's journey, transformation, or waiting period before final judgment, often marked by prayers, special services, and specific mourning attire like black clothing, while other faiths, like Islam, view such commemorations as cultural innovations rather than religious requirements. These practices offer comfort, a structured way to grieve, and a sense of spiritual support for the deceased's soul.
Can an executor ignore a beneficiary?
If the Executor of a Will is not communicating with beneficiaries, it can cause frustration and concern. Executors are legally required to keep beneficiaries reasonably informed about the progress of estate administration. Poor communication could indicate delays, mismanagement, or even negligence.
How much power does a will executor have?
An executor has significant power to manage and distribute a deceased person's estate according to the will, including selling assets, paying debts and taxes, and filing court documents, but this power is limited to following the deceased's wishes as written in the will and the law; they cannot change the will, favor beneficiaries, or make arbitrary decisions, and must act in the estate's best interest.
What action can be taken against an executor?
Apply to remove the executor: If the executor is not acting in the best interests of the estate, you may apply to the court to remove them from their role. Common grounds for removal include misconduct, inability to act due to illness, or failure to act in a timely manner.
When can an executor be personally liable?
If an executor distributes all of the estate before the six month period expires, and a claim for further provision is made, an executor may be personally liable. Therefore, we always recommend to executors that if there are any concerns about a claim, it is best to wait until the six-month period ends.