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
- 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.
- Know what’s normal. Creditors get months to file claims and distributions usually come last. See how long probate takes.
- 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.
- 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.
- Ask the court to remove the executor if there’s neglect, waste, self-dealing or refusal to follow court orders.
- Talk to a probate lawyer if money may be missing or deadlines are close.
Your rights in our pilot statesState law
| State | What the executor must do | What a beneficiary can do |
|---|---|---|
| New Hampshire | File 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. |
| California | File 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. |
| Texas | Notify 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. |
| Florida | Serve 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. |
| Ohio | Give 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. |
- Inventory within 90 days. Source: RSA 554:1, checked Nov 1, 2026.
- Annual accounts; excuse limited to 3 years. Source: RSA 554:26, checked Nov 1, 2026.
- Inventory 90 days, account 1 year; default notices and citation. Source: RSA 554:26-a, checked Nov 1, 2026.
- Revocation for unfitness or wasteful or fraudulent management. Source: RSA 553:10, checked Nov 1, 2026.
- Inventory and appraisal within four months. Source: Cal. Prob. Code § 8800, checked Nov 1, 2026.
- Petition for final distribution or status report within one year (18 months with a federal estate tax return). Source: Cal. Prob. Code § 12200, checked Nov 1, 2026.
- Court must order an account on petition more than one year after letters. Source: Cal. Prob. Code § 10950, checked Nov 1, 2026.
- Citation to show why the estate can’t be closed. Source: Cal. Prob. Code § 12202, checked Nov 1, 2026.
- Reduced compensation for delay. Source: Cal. Prob. Code § 12205, checked Nov 1, 2026.
- Removal causes including wrongful or long neglect. Source: Cal. Prob. Code § 8502, checked Nov 1, 2026.
- Notice to beneficiaries within 60 days; affidavit or certificate within 90 days. Source: Tex. Estates Code §§ 308.002, 308.004, checked Nov 1, 2026.
- Inventory within 90 days; affidavit in lieu of inventory. Source: Tex. Estates Code §§ 309.051, 309.056, checked Nov 1, 2026.
- Demand for accounting after 15 months; 60 days to comply; removal grounds. Source: Tex. Estates Code §§ 404.001, 404.0035, checked Nov 1, 2026.
- Accounting and distribution after two years. Source: Tex. Estates Code § 405.001, checked Nov 1, 2026.
- Notice of administration served on beneficiaries. Source: Fla. Stat. § 733.212, checked Nov 1, 2026.
- Inventory; written explanation of values on request. Source: Fla. Stat. § 733.604, checked Nov 1, 2026.
- Removal causes. Source: Fla. Stat. § 733.504, checked Nov 1, 2026.
- Inventory within 60 days and service; final accounting within 12 months. Source: Fla. Prob. R. 5.340, 5.400, checked Nov 1, 2026.
- Notice of probate within two weeks. Source: Ohio Rev. Code § 2107.19, checked Nov 1, 2026.
- Inventory within three months. Source: Ohio Rev. Code § 2115.02, checked Nov 1, 2026.
- Account on motion; final account within six months unless exceptions apply. Source: Ohio Rev. Code § 2109.301, checked Nov 1, 2026.
- Citation to compel an overdue account or inventory. Source: Ohio Rev. Code § 2109.31, checked Nov 1, 2026.
- Removal and loss of fees. Source: Ohio Rev. Code § 2109.24, checked Nov 1, 2026.
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
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