What Are Consequences of Closing an Estate Improperly? (w/Examples) + FAQs

Improperly closing an estate triggers devastating legal, financial, and personal consequences for everyone involved. The core problem stems from a direct conflict between the executor’s legally mandated fiduciary duty—the highest standard of trust and care owed to the estate’s beneficiaries—and the complex, often emotional, reality of settling a person’s final affairs. This duty is not a suggestion; it is a binding legal standard, and a breach can result in the executor being held personally liable for financial losses, forcing them to pay for mistakes out of their own pocket.

The emotional fallout is just as severe. Research reveals that while only 15% of adult siblings report having financial conflicts, nearly 70% of those conflicts are directly related to their parents’ estates, often tearing families apart permanently. An executor’s misstep, whether intentional or accidental, can ignite these long-simmering tensions into a full-blown legal war.

This article will provide a comprehensive, step-by-step guide to understanding this complex process. You will learn:

✅ The exact legal duties an executor must follow and the severe personal risks they face if they fail.
💰 How a simple mistake can shrink your inheritance and what red flags to watch for.
👨‍👩‍👧‍👦 Why family relationships, especially in blended families, are so vulnerable during this process and how to navigate disputes.
⚖️ The specific legal steps you can take to challenge a misbehaving executor or reopen a closed estate.
📝 A detailed breakdown of the proper steps for closing an estate to avoid disaster.

The Key Players and the Rules of the Game

To understand what can go wrong, you first need to know who is involved and the rules they must follow. The process of settling an estate, called probate, is a court-supervised system designed to be orderly and fair. ¹ It involves four key players: the Executor, the Beneficiaries, the Creditors, and the Probate Court itself.

The entire system is built on a single, powerful legal concept: fiduciary duty. This is a legal obligation for one person to act in the best financial interest of another. An executor is a fiduciary, meaning they have a legal duty to protect the estate’s assets for the beneficiaries, not for themselves.

Who’s Who in the World of Estates

The Executor (or Personal Representative): This is the person named in the will (or appointed by the court if there is no will) to manage the estate. ³ They are the captain of the ship, responsible for gathering assets, paying bills, and distributing what’s left. This is not an honorary title; it is a demanding job with serious legal responsibilities. ⁴
The Beneficiaries (or Heirs): These are the people or organizations set to inherit from the estate. If there is a will, they are called beneficiaries. If there is no will, they are called heirs, and state law decides who they are. ⁵
The Creditors: This group includes anyone the deceased person owed money to, such as mortgage companies, credit card companies, hospitals, and even the IRS. State and federal laws give creditors the right to be paid from the estate’s assets before any money goes to the beneficiaries. ⁶
The Probate Court: This is the court that oversees the entire process. ² A judge validates the will, officially appoints the executor, and has the final say in disputes. ⁷ The court’s job is to ensure the executor follows the law and the terms of the will. ⁸

The Two Pillars of Fiduciary Duty You Cannot Ignore

An executor’s fiduciary duty is not a vague idea of “doing the right thing.” It is comprised of specific, legally enforceable obligations. The two most important are the Duty of Loyalty and the Duty of Care.

The Duty of Loyalty demands that the executor act solely in the interest of the beneficiaries. ⁹ This means the executor’s own financial interests must never conflict with the estate’s interests. They cannot use their position for personal gain, a violation known as “self-dealing.” ⁹

The Duty of Care requires the executor to manage the estate’s assets with the same caution and skill that a reasonably prudent person would use to manage their own affairs. ¹⁰ This isn’t a standard of perfection, but it is a standard of diligence. It means actively protecting assets from loss or damage. ¹³

The “Why”: Understanding the Fiduciary Duty That Binds Every Executor

The rules of probate exist for a reason: to protect the final wishes of the person who died and to ensure fairness for everyone with a stake in the estate. Fiduciary duty is the engine that makes this system work. It legally forces the executor to put the interests of the beneficiaries and creditors ahead of their own.

Without this strict legal standard, an estate could be looted by a dishonest executor, assets could be wasted through neglect, and family members could be unfairly cut out of their inheritance. The consequences for breaching this duty are severe because the potential for harm is so great. The law recognizes that the executor holds a unique position of power over assets that belong to others.

This power imbalance is why the law demands such a high standard of conduct. Every step an executor takes, from paying a bill to selling a stock, is governed by this duty. Understanding the “why” behind these rules is the first step to avoiding the devastating consequences of getting it wrong.

Do’s and Don’ts for Executors
Do: Keep meticulous records of every single transaction. This is your best defense against accusations of mismanagement. ¹⁵
Don’t: Mix estate funds with your personal money, ever. This is called commingling and is a major breach of duty. ¹⁶
Do: Communicate regularly and transparently with all beneficiaries. A lack of communication is the number one cause of suspicion and lawsuits. ¹⁵
Don’t: Pay bills in the wrong order. State law sets a strict priority for who gets paid first (usually funeral expenses, taxes, and administrative costs). ⁶
Do: Secure and protect all assets. This means changing locks on houses, maintaining insurance, and safeguarding valuables. ¹⁹
Don’t: Distribute any assets to beneficiaries until all debts and taxes are paid and the court has given you permission.
Do: Hire professional help when you need it. The estate pays for lawyers and accountants, and their guidance can protect you from personal liability. ⁴
Don’t: Make decisions based on personal feelings or favoritism. You have a duty to be impartial to all beneficiaries. ²¹
Do: Follow the terms of the will and the law exactly. You do not have the discretion to change what the will says. ²²
Don’t: Delay the process unnecessarily. You have a duty to settle the estate as quickly as is reasonably possible. ¹³

When Things Go Wrong: A Spectrum of Errors from Honest Mistakes to Outright Theft

An estate can be closed improperly in many ways, ranging from simple, unintentional slip-ups to calculated, criminal acts. While the law may treat these actions differently, both can cause immense damage to the estate and the family. It is crucial to recognize the warning signs, as small mistakes can create an environment where bigger problems can hide.

Category 1: Honest Mistakes and Costly Negligence

These errors often happen because an executor is inexperienced, disorganized, or overwhelmed by the responsibility, especially while grieving. ²³ Even without bad intentions, these mistakes are still a breach of the executor’s duty of care and can have severe consequences.

Unreasonable Delays: The executor has a duty to settle the estate in a timely manner. ¹³ Letting the process drag on for years without a good reason can cause assets to lose value, penalties on taxes to accumulate, and beneficiaries to become suspicious and hostile.
Poor Record-Keeping: Failing to keep perfect records of every dollar in and out of the estate is a huge red flag. ⁶ It makes preparing the final accounting impossible and opens the door for beneficiaries to challenge every expense, leading to costly court hearings. ¹³
Failure to Communicate: An executor who “goes dark” and ignores beneficiaries’ calls and emails is inviting a lawsuit. Beneficiaries have a legal right to be kept reasonably informed. Silence breeds suspicion that the executor is hiding something or stealing from the estate.
Mishandling Assets: The duty of care requires the executor to actively protect estate property. This means failing to pay the mortgage on a house, letting insurance lapse, or not making necessary repairs are all breaches of duty that can result in the executor being personally liable for the loss in value.

Category 2: Intentional Misconduct and Betrayal of Trust

These actions involve an executor knowingly and dishonestly abusing their position for personal benefit. This is a breach of the duty of loyalty and represents the most serious form of misconduct, often leading to civil lawsuits and even criminal charges. ⁹

Misappropriation (Theft): This is when an executor steals assets from the estate. ²² It can be as blatant as writing a check from the estate account to themselves or as subtle as using the estate’s debit card for personal groceries.
Self-Dealing: This occurs whenever the executor engages in a transaction that benefits them personally. ¹¹ Examples include selling the estate’s house to themselves for a below-market price, hiring their own company to do repairs at an inflated rate, or loaning estate funds to themselves.
Withholding Inheritance: An executor cannot refuse to distribute a beneficiary’s inheritance for personal reasons, like a family grudge. Intentionally delaying a distribution long after all bills are paid is a clear abuse of power.
Fraud: This involves deliberate deception, such as hiding the existence of a valid will, creating fake debts to drain estate funds, or intentionally leaving valuable assets off the inventory to keep them for oneself. ²⁴

Scenario 1: The Overwhelmed Executor – A Tale of Costly Negligence

Meet Sarah. Her mother passed away and named her as the executor of her estate, which included a house, some stocks, and several bank accounts. Sarah was grieving and overwhelmed. She was an organized person in her own life, but she had no experience with the legal system and tried to handle everything herself to save the estate money.

She paid some of her mother’s final credit card and hospital bills as they came in, wanting to be responsible. ¹⁸ She didn’t realize that state law required her to pay final taxes and administrative fees first. She also forgot to keep the homeowner’s insurance paid on her mother’s now-vacant house. ¹⁵ Six months into the process, a pipe burst, causing thousands of dollars in water damage that was no longer covered by insurance. ²⁵

Mistake	Direct Consequence
Paying credit card bills before taxes.	The estate was left with too little cash to pay the final income tax bill. The IRS charged penalties and interest, which the court ordered Sarah to pay from her own pocket. ²⁵
Letting the homeowner’s insurance lapse.	The estate lost $15,000 in value due to the uninsured water damage. The beneficiaries sued Sarah, and the court found her personally liable for the full amount of the loss. ²⁵
Not communicating with her siblings (the other beneficiaries).	Her siblings became suspicious of the delays and the decreasing value of the estate. They hired a lawyer to force Sarah to provide a formal accounting, adding thousands in legal fees that were paid by the estate, further reducing their inheritance.

Sarah’s honest mistakes, born from inexperience and a desire to “do the right thing,” ended up costing the estate over $20,000 and her own personal savings. The process dragged on for two years and created a permanent rift between her and her siblings. ²⁶

Scenario 2: The Greedy Executor – When Trust is Betrayed for Profit

Now, consider David. He was named the executor of his uncle’s estate. David was also a beneficiary, along with his two cousins. His uncle’s most valuable asset was a vintage car worth an estimated $100,000. David, a car enthusiast himself, decided he wanted the car but didn’t want to pay full price.

He told his cousins that the car needed “significant repairs” and got a lowball appraisal from a friend for $40,000. He then used his power as executor to sell the car to himself for that price, depositing the $40,000 into the estate account. He thought he had cleverly saved himself $60,000. ⁹ He also used the estate’s debit card for a few “minor” personal expenses, figuring no one would notice. ¹³

Deceitful Action	Financial Fallout
Selling the estate’s car to himself for a below-market price.	This is a classic case of *self-dealing*. When his cousins found out the true value of the car, they sued him for breach of fiduciary duty.
Using the estate debit card for personal expenses.	This is *misappropriation of assets*, which is a form of theft. Even small amounts can destroy the executor’s credibility in court.
Hiding the true appraisal and lying to beneficiaries.	This is *fraud*. The lack of transparency and deliberate deception led the court to not only remove David as executor but also to order him to pay back the estate.

The court ordered David to return the car to the estate to be sold at fair market value. It also surcharged him for the full amount of the personal expenses he charged to the estate’s debit card. Finally, the judge ordered him to forfeit his entire executor’s fee and pay for the beneficiaries’ legal fees out of his own inheritance share, which was almost completely wiped out.

Scenario 3: The Blended Family Battleground – A Fight Fueled by Grief and Mistrust

This scenario involves a blended family, one of the most common settings for probate disputes. Robert passed away, leaving behind his second wife, Linda, and two adult children from his first marriage, Mark and Emily. Robert’s will named his son, Mark, as the executor and stated that his investment portfolio should be split between his children, while Linda could live in the family home for the rest of her life.

Mark, still grieving and harboring some resentment from his parents’ divorce, was not transparent with Linda. He failed to provide her with updates and was slow to pay the mortgage on the house from the estate funds, causing Linda immense stress. Linda, fearing she would lose her home, hired an attorney.

Meanwhile, Emily discovered that their father had given Linda a significant cash gift a few years before he died. She and Mark began to suspect that Linda had unduly influenced their father, and they challenged the will, claiming their father was not of sound mind when he made it. ²⁷

Point of Conflict	Resulting Legal Battle
Executor’s poor communication with the surviving spouse.	Linda’s attorney filed a petition to compel Mark to provide a full accounting of the estate and to make timely mortgage payments, initiating a legal battle. ²⁸
Children’s suspicion of undue influence by the stepmother.	Mark and Emily contested the will’s validity, launching a separate, expensive lawsuit that froze all estate assets for years.
Disagreement over personal property with sentimental value.	A fight erupted over who should get their father’s watch, a non-titled asset. This seemingly small dispute symbolized deeper issues of love and recognition, adding fuel to the legal fire. ²⁹

The estate was locked in litigation for over three years. The legal fees consumed a massive portion of the investment portfolio, drastically reducing the inheritance for Mark and Emily. The conflict destroyed any remaining relationship between the children and their stepmother, leaving the family permanently fractured. ²⁶

The Ripple Effect: How Improper Closure Hurts Everyone Involved

An executor’s failure to properly close an estate creates a ripple effect of damage that touches every person connected to it. The consequences are not just legal or financial; they are deeply personal and can last a lifetime.

For the Executor: A World of Personal Liability

The person who acts as executor bears the most direct and severe legal risk. When they breach their fiduciary duty, the legal shield protecting them vanishes, and their personal assets are put on the line.

Personal Financial Liability (Surcharge): This is the most common penalty. A probate court can order the executor to personally reimburse the estate for any losses caused by their negligence or misconduct. If an executor’s delay causes $5,000 in tax penalties, the court can “surcharge” them, forcing them to pay that $5,000 from their own bank account.
Forfeiture of Fees: Executors are typically paid a fee from the estate for their work. For mismanagement, a judge can reduce or completely eliminate this compensation.
Removal as Executor: A judge has the authority to fire an executor for incompetence, dishonesty, or a conflict of interest. This is a public mark of disgrace and requires a new person to be appointed, causing further delays and costs for the estate.
Civil Lawsuits and Criminal Charges: Beneficiaries can sue an executor personally for damages. In cases of intentional theft or fraud, the executor can face criminal charges like embezzlement, which can lead to fines and even jail time.

For the Beneficiaries: A Diminished and Delayed Inheritance

While the executor faces legal punishment, the beneficiaries often suffer the most painful consequences. Their expected inheritance can be delayed for years, shrink in value, or disappear entirely.

Financial Losses: Every dollar wasted by the executor is a dollar that doesn’t go to the beneficiaries. This includes money lost to tax penalties, legal fees from unnecessary disputes, and the devaluation of assets like a neglected house or a poorly managed stock portfolio.
Excruciating Delays: An estate that should be settled in a year can drag on for three, four, or even more years. ²⁴ During this time, beneficiaries cannot access funds they may desperately need for their own lives, leaving them in a state of financial and emotional limbo. ³¹
The Emotional Toll: The most devastating consequence is often the destruction of family relationships. ²⁶ Suspicion and resentment fester, turning siblings against each other. Fights over inheritance are rarely just about money; they are about perceived fairness, love, and recognition, and the wounds from these battles may never heal. ²⁹

For Creditors: The Hunt for Unpaid Debts

The probate system is also designed to protect creditors by creating an orderly process for them to get paid. When an executor messes up, creditors can be left with valid debts and an empty estate.

The Creditor Claim Period: When an estate is opened, the executor must notify known creditors and publish a notice in the newspaper for unknown ones. This starts a strict deadline (often a few months) for creditors to file a formal claim. If they miss this deadline, their claim is usually barred forever. ³²
When Notice Isn’t Given: If an executor fails to properly notify a creditor, that creditor’s claim may not be barred. They could show up months or even years later, after all the assets have been distributed, creating a legal nightmare. ⁶
Legal Options for Unpaid Creditors: An unpaid creditor can petition the court to reopen a closed estate. More seriously, if the executor distributed assets knowing a valid debt was unpaid, the creditor can sue the executor personally for the amount owed. In some cases, creditors can even sue the beneficiaries to “claw back” the money they received.

Will vs. No Will: How the Game Changes Dramatically

Whether a person dies with a will (testate) or without one (intestate) dramatically changes the entire estate closure process. A will provides a clear roadmap, while dying intestate forces the court to use a generic, one-size-fits-all set of state laws to distribute property. This lack of direction is a major source of conflict and improper closure. ³³

When there is no will, the court appoints an “Administrator” (who functions like an executor) and must follow the state’s intestacy laws. ³⁴ These laws create a rigid hierarchy of who inherits. For example, in Georgia, if a person dies with a spouse and children, the assets are divided equally, but the spouse is guaranteed to receive at least one-third of the estate. Many people wrongly assume their spouse will automatically get everything.

| Feature | With a Will (Testate) | Without a Will (Intestate) |

|—|—|

| Who is in Charge? | The person named as Executor in the will, who was chosen by the deceased. 34 | A court-appointed Administrator, who may be a relative but could also be a stranger. |

| Who Inherits? | The beneficiaries named in the will, according to the deceased’s specific instructions. 5 | The heirs as defined by rigid state intestacy laws, which may not reflect the deceased’s actual wishes or relationships. 35 |

| Guardians for Minors? | The will allows parents to nominate a guardian they trust to care for their minor children. | The court chooses a guardian, and their decision may not be who the parents would have wanted. 33 |

| Potential for Conflict | Lower. A clear will acts as a guide and reduces ambiguity, though disputes can still arise over interpretation. 34 | Higher. Family members may fight over who should be administrator, and the distribution formula can lead to hurt feelings and surprises, like a long-lost cousin inheriting. 37 |

| Cost and Time | Generally faster and less expensive because the deceased’s wishes are clear. 33 | Often slower and more expensive due to the extra steps of identifying heirs and the increased likelihood of disputes. 33 |

Dying without a will forces the administrator to guess at the deceased’s wishes and seek court approval for decisions, placing a heavy burden on them and setting the stage for family fights. ³⁷ A will is the single most powerful tool for preventing the chaos that leads to an improperly closed estate.

The Step-by-Step Guide to Properly Closing an Estate

Closing an estate is the final, critical phase of the probate process. It is not simply about handing out money; it is a formal legal procedure that requires court approval to protect the executor from future liability. This process ensures that all duties have been fulfilled and that the executor is officially released from their role. ³²

Step 1: Ensure All Debts and Taxes Are Paid

Before a single dollar can be distributed to beneficiaries, the executor must be certain that every legitimate obligation of the estate has been settled. This includes:

Creditor Claims: The statutory period for creditors to file claims must have expired. ³⁸ All valid claims that were filed on time must be paid from estate assets.
Final Taxes: The decedent’s final personal income tax return (Form 1040) must be filed. ²⁶
Estate Taxes: If the estate is large enough to owe federal or state estate taxes, those returns (Form 706) must be filed and the taxes paid.
Administrative Expenses: All costs of administering the estate, such as court fees, appraisal fees, and professional fees for lawyers and accountants, must be paid.

Step 2: Prepare the Final Accounting

The Final Accounting is the most important document in closing the estate. It is a comprehensive financial report that details every single transaction that has occurred since the estate was opened. This document provides complete transparency to the beneficiaries and the court, proving that the executor has managed the estate properly. ³⁹

A formal final accounting is broken down into several parts, often called “schedules”: ⁴⁰

Schedule of Assets: This lists all the assets the estate started with at the date of death and their appraised values. ³⁹
Schedule of Receipts: This shows all income the estate earned during administration, such as interest, dividends, or rental income. ⁴⁰
Schedule of Disbursements (Expenses): This is an itemized list of every bill and expense paid from the estate, including the date, payee, purpose, and amount. ³⁸
Schedule of Distributions: This details any preliminary distributions already made to beneficiaries. ³⁹
Schedule of Assets on Hand: This shows the property remaining in the estate that is ready to be distributed. ⁴⁰
Proposed Final Distribution: This section explains exactly how the executor plans to distribute the remaining assets to the beneficiaries, according to the will or state law. ⁴¹

Step 3: File the Petition for Final Distribution

Once the final accounting is prepared, the executor files a Petition for Final Distribution with the probate court. ³⁸ This legal document asks the judge to approve the final accounting, authorize the executor to distribute the remaining assets as proposed, and approve the executor’s fees. ⁷

A hearing date is set, and the executor must give formal notice of the hearing to all beneficiaries and other interested parties. ³⁸ This gives everyone a final opportunity to review the accounting and raise any objections with the court. ²⁰ If a beneficiary believes the executor has mismanaged funds or made an error, this is their last chance to challenge it. ²⁰

Step 4: Distribute Remaining Assets and Get Receipts

After the judge approves the petition, the executor can finally distribute the remaining assets to the beneficiaries. ⁷ This may involve writing checks, selling property and distributing the cash, or preparing new deeds to transfer real estate. ⁴²

For every distribution made, the executor must get a signed receipt from the beneficiary acknowledging they have received their inheritance. These receipts are crucial evidence that the executor has fulfilled the court’s order.

Step 5: Obtain the Order of Discharge

Once all assets are distributed and all receipts are collected, the executor files these receipts with the court and asks for an Order of Discharge. ⁴⁴ This is the final court order that officially closes the estate and, most importantly, releases the executor from their duties and any future liability related to the estate. Without this order, the executor’s legal responsibility never truly ends. ⁴⁵

Fixing the Mess: Your Legal Options When an Estate is Mishandled

If you are a beneficiary who suspects an executor is mismanaging an estate, or a creditor with an unpaid bill, you are not powerless. The law provides several powerful tools to hold a delinquent executor accountable and correct their mistakes. Acting quickly is key, as waiting too long can make it harder to recover lost assets.

Your First Move: Demand a Full Accounting

Your most fundamental right as a beneficiary is the right to information. If the executor is not communicating or you are suspicious of their actions, your first step is to send a formal, written request for a complete accounting of the estate’s finances.

If the executor ignores your request or provides an incomplete report, you can file a petition with the probate court to compel an accounting. This forces the executor to submit a detailed financial report to the judge for review. This action often uncovers any mismanagement and is the necessary first step for any further legal action.

Escalating the Fight: Petitioning to Remove the Executor

In cases of serious misconduct, you can ask the court to fire the executor. You can file a Petition for Removal, outlining the reasons why the executor is unfit to serve.

Common grounds for removal include:

Stealing or misusing estate assets.
Failing to follow a court order.
Gross mismanagement resulting in financial loss to the estate.
Having a conflict of interest that harms the beneficiaries.
Failing to communicate or file required documents.

If the judge agrees, the executor will be removed, and a successor will be appointed to take over and clean up the mess. The court can also order the removed executor to pay back any funds they lost or stole.

The Final Recourse: Reopening a Closed Estate

What if you don’t discover the misconduct until after the estate has been officially closed? It is still possible to seek justice. An “interested party,” which includes a beneficiary or an unpaid creditor, can file a Petition to Reopen the Estate.

The most common reasons a court will agree to reopen an estate are:

Discovery of New Assets: If a forgotten bank account or piece of property is found after the estate was closed.
Evidence of Fraud or Misconduct: If you find proof that the executor hid assets, lied on the final accounting, or committed other fraudulent acts.
Failure to Notify: If an heir or a creditor was never properly notified of the probate proceedings.

If the court reopens the case, it can reappoint a representative to properly distribute the new assets or take action to claw back assets that were improperly distributed. In North Carolina, for example, heirs can file a petition showing evidence of newly discovered assets or fraud to have the case reopened.

Litigation vs. Mediation
Pros of Litigation (Suing in Court)
Provides a binding, court-ordered resolution.
Allows for formal discovery to uncover hidden facts.
Can result in the removal of a bad executor.
A judge can force the executor to pay back stolen funds.
Necessary for cases involving clear theft or fraud.
Pros of Mediation
Much less expensive and faster than court. ³⁰
Confidential and private process. ³⁰
Collaborative approach focused on finding a compromise.
Helps preserve family relationships by avoiding a public battle.
Allows for creative solutions that a court cannot order.

Frequently Asked Questions (FAQs) on Estate Closure

For Executors

Do I have to use my own money to pay estate bills?No. Estate expenses should be paid from the estate’s bank account. You can be reimbursed for any out-of-pocket costs, but you should not have to pay bills personally. 16
Can I remove the staples from the original will to make copies?No. Never alter the original will in any way, including removing staples. A court may see this as tampering, which can cause significant delays and legal questions. 16
Do I need to hire a lawyer to help me?No, it is not always legally required, but it is highly recommended. An attorney’s fees are paid by the estate, and their guidance can protect you from making costly mistakes and facing personal liability.
What if I am the only beneficiary? Do I still need to keep separate bank accounts?Yes. Even if you are the sole beneficiary, you must open a separate bank account for the estate. Commingling funds is a breach of fiduciary duty and creates accounting problems. 16
How long does this process take?A simple estate may take 6 to 12 months. However, complex estates or those with disputes can take several years to close. Unreasonable delays can be a sign of mismanagement.

For Beneficiaries

How can I tell if the executor is doing a bad job?Red flags include a lack of communication, unexplained delays, refusal to provide financial records, and a failure to meet court deadlines. These are signs you may need to take action.
The executor won’t talk to me. What should I do?Start by sending a formal written request for an update and an accounting. If they still don’t respond, consult a probate attorney about petitioning the court to force them to communicate.
Can an executor keep me from my inheritance out of spite?No. An executor must follow the will’s instructions and cannot withhold your inheritance for personal reasons. Doing so is a breach of their duty, and you can take legal action to compel distribution.
What happens if a new asset is found after the estate is closed?An interested party can petition the court to reopen the estate. The court can then appoint a representative to manage and distribute the newly discovered asset according to the will or state law.

General Questions

What happens if the estate has more debts than assets?The estate is declared insolvent. Beneficiaries will receive nothing. The executor must pay debts in a strict legal order, and some creditors may not get paid. You are not personally responsible for the shortfall.
Can a closed estate be challenged?Yes. In most states, there is a limited time after an estate is closed during which a will can be contested or a lawsuit can be filed if evidence of fraud or misconduct is discovered.