Can I Demand Receipts in Court

I recently spoke with Emily, a distraught daughter who discovered her brother, as the executor of their mother’s estate, had spent over $10,000 on a vintage motorcycle—a passion of his, not their mother’s. Emily suspected he was self-dealing, diverting estate assets for personal use, and understandably wanted to know exactly where her inheritance was going. Her immediate question was: “Can I just make him show me the receipts?”

The short answer is, often yes, but it’s rarely as simple as a direct demand. It’s critical to understand the process and the legal tools available. Over my 35+ years as an Estate Planning Attorney and CPA in Escondido, I’ve seen many of these situations unfold, and the key is utilizing the court’s power to compel information.

What Receipts Are We Talking About?

First, let’s clarify what “receipts” encompass. It’s not just the paper slip from a store. We’re talking about any documentation proving the financial transactions of the estate. This includes bank statements, invoices, canceled checks, brokerage account statements, appraisals, and even credit card statements. Essentially, anything that shows money coming in or going out of the estate. The executor has a fiduciary duty to maintain accurate records and provide a full accounting.

The Initial Accounting: Your First Step

California law requires executors to provide a formal accounting to the beneficiaries (Probate Code § 9000 et seq.). This is your primary avenue for obtaining information about estate finances. The accounting must detail all assets, income, expenses, and distributions. While an initial accounting is often a good faith effort, it’s not always comprehensive. It may be lacking in detail, or even intentionally misleading.

When the Accounting Isn’t Enough: Discovery Rights

If the initial accounting is insufficient, you have significant legal rights to obtain more information through a process called “discovery.” Probate Code § 1000 states the rules of evidence and discovery in probate are the same as in civil lawsuits. This is extremely powerful. Beneficiaries have the right to issue Subpoenas for bank records, medical files, and to compel Depositions of the executor or bad actors.

This means you can formally request documents directly from the executor and third parties, like banks or appraisers. If the executor refuses to comply with a properly issued subpoena, you can petition the court to enforce it, potentially resulting in penalties.

Dealing with Uncooperative Executors

Unfortunately, some executors are unwilling to cooperate. They may claim the records are “lost,” “private,” or simply ignore your requests. This is where legal intervention becomes necessary. You can file a petition with the Probate Court demanding the executor provide a complete and accurate accounting.

The court can then issue an order compelling the executor to produce the requested documents. If the executor still refuses, they could face contempt of court charges, fines, and even removal from their position.

What If I Suspect Fraud?

If you believe the executor is intentionally concealing assets or engaging in fraudulent activity, you need to act quickly. Probate Code § 859 is your strongest weapon. This statute states “…if a person uses undue influence, fraud, or bad faith to take estate assets, the court can order them to return the property PLUS pay a penalty of twice the value of the assets recovered.” This “double damages” statute is the most powerful weapon in probate litigation.

A formal accounting demand, coupled with discovery, will help you build a strong case. Furthermore, as a CPA, I can offer invaluable assistance in reconstructing financial records and uncovering discrepancies. The step-up in basis, capital gains considerations, and asset valuation all hinge on accurate accounting.

What Happens If It Goes to Court?

If the matter proceeds to litigation, the Probate Court will act much like a Civil Court. The Section 850 Petition allows the court to litigate who owns specific assets (e.g., “Mom put my name on the deed, but the estate claims it”). You will present evidence, examine witnesses, and ultimately ask the judge to rule on the disputed issues. Having a clear understanding of the estate’s finances, backed by comprehensive documentation, is crucial for a successful outcome.

How do enforcement rules in California probate court shape outcomes for heirs and fiduciaries?

California probate is designed to provide court-supervised transfer of property, yet cases often break down when authority is unclear, required steps are missed, or disputes arise over assets, notice, and fiduciary conduct. When the process is misunderstood, families can face avoidable delay, escalating conflict, and increased exposure to creditor issues, hearings, or litigation before the estate can close.

California probate is most manageable when authority is documented early, assets are classified correctly, and procedure is followed consistently from petition through closing. When the process is approached with realistic expectations about notice, claims, accounting, and dispute risk, the estate is more likely to move toward closure without avoidable conflict or delay.

Verified Authority on California Probate Litigation

• Double Damages (Bad Faith Taking): California Probate Code § 859
  The “nuclear option” of probate litigation. If the court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property belonging to the estate, the judge may assess liability for twice the value of the property, in addition to recovering the asset itself.
• Grounds for Removal of Executor: California Probate Code § 8502
  This statute lists the specific legal reasons a judge can fire a Personal Representative. Common grounds include wasting or mismanaging assets, neglecting the estate (moving too slow), or having an incurable conflict of interest with the beneficiaries.
• The “850 Petition” (Title Disputes): California Probate Code § 850
  Probate litigation often revolves around ownership. This powerful petition allows the probate court to solve title disputes without filing a separate civil lawsuit. It is used when an asset is titled to a third party but belongs to the estate (or vice versa).
• Presumption of Undue Influence (Caregivers): California Probate Code § 21380
  To prevent elder abuse, California law makes it incredibly difficult for paid caregivers to inherit from their patients. The law presumes the gift was the result of undue influence, forcing the caregiver to prove their innocence in court, often requiring a “Certificate of Independent Review.”
• Civil Discovery Rules Apply: California Probate Code § 1000
  Probate is not just administrative; it is a court of law. This code section confirms that the standard rules of civil practice apply. This means litigators can use interrogatories, depositions, and demands for production of documents to build their case against a rogue executor.
• Extraordinary Fees (Litigation Costs): California Probate Code § 10811
  Litigation is not covered by the standard statutory fee. Attorneys can petition the court for “extraordinary fees” for litigation services (e.g., defending a will contest or recovering stolen property). These fees are billed hourly and must be approved by the judge.