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Executor not communicating or stalling? What beneficiaries can do

General information, not legal, tax or financial advice. Last reviewed Nov 1, 2026.

Quick answerAn executor doesn’t have to return every phone call, but they do have legal deadlines: notifying beneficiaries, filing an inventory, giving accountings and closing the estate. If an executor goes silent, first check the court file, then send a dated written request. If that fails, beneficiaries in every state can ask the probate court to order an inventory or accounting, and courts can remove an executor who neglects the estate. Texas lets beneficiaries demand a sworn accounting from an independent executor 15 months after letters issue, and California lets them petition for an accounting a year after letters.

Step by step

  1. Check the court file. Probate is a court case. Call or search the probate court for the county where the person lived to see whether a case was opened, who was appointed and what’s been filed. See NH · CA · TX · FL · OH and the probate court directory.
  2. Know what’s normal. Creditors get months to file claims and distributions usually come last. See how long probate takes.
  3. Send a written request by a method you can prove (such as certified mail) asking for a status update, a copy of the inventory and an accounting, with a reasonable deadline.
  4. Use your state’s tools (table below): a demand for accounting, a court order compelling an inventory or account, or a citation for overdue filings.
  5. Ask the court to remove the executor if there’s neglect, waste, self-dealing or refusal to follow court orders.
  6. Talk to a probate lawyer if money may be missing or deadlines are close.

Your rights in our pilot statesState law

StateWhat the executor must doWhat a beneficiary can do
New HampshireFile an inventory within 90 days of appointment and an account of administration within 1 year, then annual accounts unless the judge excuses them (never for more than 3 years). The clerk sends default notices for late filings and the judge issues a citation if they’re still missing.Watch the court file for default notices. The judge may revoke the appointment of an executor who becomes unfit or unsafe to trust, including for wasteful or fraudulent management.
CaliforniaFile an inventory and appraisal within 4 months after letters. Petition for final distribution or file a status report within 1 year after letters (18 months if a federal estate tax return is required).The court must order an account on petition of an interested person made more than a year after letters (or the last account). Any interested person can ask the court to cite the executor to explain why the estate can’t be closed. The court can cut executor and attorney pay for delay, and can remove an executor who has wrongfully neglected the estate or long neglected to act.
TexasNotify each named beneficiary within 60 days after the will is admitted to probate. File an inventory (or, for independent executors in qualifying estates, an affidavit in lieu of inventory) within 90 days after qualifying.15 months after letters, any interested person may demand a sworn accounting from an independent executor; if it isn’t provided within 60 days, go to court. After 2 years, petition for an accounting and distribution. The court can remove an executor for failing to account, gross misconduct or mismanagement, or a material conflict of interest.
FloridaServe a notice of administration on beneficiaries promptly. File an inventory within 60 days after letters and serve it on the spouse, heirs or residuary beneficiaries. File a final accounting and petition for discharge within 12 months after letters (longer if a federal estate tax return is due) unless extended.Request in writing an explanation of how inventory values were set, or a copy of any appraisal. Petition for removal for causes including failure to comply with court orders, failure to account, wasting or maladministration, or conflicting interests.
OhioGive notice of probate of the will to the surviving spouse, heirs and beneficiaries within 2 weeks. File an inventory within 3 months of appointment, and a final and distributive account within 6 months unless an exception applies (estate tax return, will contest, lawsuit, insolvency and others).Any interested party can ask the court to issue a citation compelling an overdue account or inventory, or move for an account for good cause. The court can remove an executor for neglect of duty, incompetency or fraudulent conduct, and may deny fees after an unexcused late filing.

If there’s no probate case at all

If nothing has been filed, there may be no court-appointed executor yet, or assets may be passing outside probate (joint accounts, beneficiary designations, a living trust). For a trust, the successor trustee has separate duties to inform beneficiaries; see successor trustee duties.

Related: Executor pay · Can an executor buy estate property? · Executor checklist

After a death: your state

New Hampshire · California · Texas · Florida · Ohio

Probate courts: NH · CA · TX · FL · OH

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