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Breach of Fiduciary Duty
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Breach of Fiduciary Duty in Probate Estate Litigation

When someone accepts the role of executor or administrator of an estate, they take on a legal and ethical duty to act in the best interests of the estate and its beneficiaries. But what happens when that duty is violated?

At Burrey Law Group, we represent heirs, beneficiaries, and other interested parties in probate estate litigation involving breaches of fiduciary duty. We also provide legal defense for executors who are unfairly accused of wrongdoing. Whether you’re facing a dispute or seeking accountability, we’re here to help you navigate the process clearly and confidently.

Understanding Fiduciary Duty in Probate

Executors and administrators are legally bound to carry out their role with honesty, diligence, and loyalty to the estate and its beneficiaries. These responsibilities are not just moral—they are enforceable under California probate law.
Fiduciary duties in probate include:

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Act honestly and in good faith
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Avoid self-dealing or personal gain
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Distribute assets according to the will or state law
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Keep accurate records and provide transparent communication
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Follow court orders and meet deadlines
When these responsibilities are ignored, it can result in serious harm—financial loss, emotional distress, and damaged family relationships.
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Common Probate-Related Breaches of Fiduciary Duty

A fiduciary breach can happen through negligence, inaction, or deliberate misconduct. These issues often create confusion, mistrust, or financial loss for those entitled to inherit.

Our team has handled cases involving:

  • Misuse or mismanagement of estate assets
  • Failure to distribute assets according to the will
  • Favoring one beneficiary over others without justification
  • Delays in administration or failure to close the estate
  • Lack of transparency or refusal to provide an accounting
  • Conflicts of interest or self-dealing transactions

Even well-intentioned executors can make mistakes. But when fiduciary responsibilities are intentionally or repeatedly disregarded, legal action may be necessary.

How Burrey Law Group Can Help

Litigation isn’t the only option—but when it’s necessary, you need experienced, strategic advocates in your corner. Our team provides thoughtful, proactive representation designed to protect your interests and resolve disputes as efficiently as possible.

We can assist you with:

  • Evaluate whether a breach of fiduciary duty has occurred
  • Review wills, accountings, and estate documents
  • File or respond to legal petitions
  • Recover lost or mismanaged assets
  • Hold fiduciaries accountable—or protect them from false claims
  • Guide you through settlement, mediation, or courtroom representation
Illustrative Example

Facing the unexpected legal battle of her life after her husband’s passing, a surviving spouse discovered the family home, paid for over decades, was solely in his name. This opened the door for litigation with her former in-laws, who sought to inherit the property. Turning to Burrey Law Group, our team successfully filed a petition to recharacterize the property as community property. The court’s favorable ruling ensured the surviving spouse rightfully received her husband’s share of the home, providing much-needed security during a difficult time.

Start by requesting a formal accounting or more information from the executor. If that fails, an attorney can help you file a petition with the probate court.

Yes. If the court finds a serious breach of duty, it can remove the executor or administrator and appoint a replacement.

No. Probate is complex, and not every delay or oversight is intentional or unlawful. However, repeated missteps or self-serving actions may justify legal action.

Time limits vary depending on your situation. It’s best to speak with a probate attorney as soon as you suspect something is wrong.

Frequently Asked Questions

Some of your burning questions have been answered.

Get in touch Let’s Resolve It—Together

Whether you’re dealing with mismanagement, financial concerns, or a lack of transparency during probate, our experienced team can help you understand your rights and take the next step.

Contact Burrey Law Group for a confidential consultation today.

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