What can I do if the personal representative sends me a payment without explaining how they calculated my share of the estate? (MD)

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

What to do if a Maryland personal representative sends a payment without explaining how they calculated your share

Detailed answer — your rights and practical steps under Maryland law

When a personal representative (also called an executor or administrator) distributes money from an estate without explaining how they calculated each beneficiary’s share, you have rights. In Maryland, the personal representative owes fiduciary duties to the estate and beneficiaries. Those duties include keeping clear records, accounting for receipts and disbursements, and providing information to interested persons. If you do not understand your payment, you can and should ask for a full accounting and, if necessary, seek court help.

What an accounting should show

An adequate accounting typically lists:

  • an inventory of estate assets at the date of death and any subsequent receipts;
  • all payments the PR made for debts, funeral expenses, taxes, administration and attorney fees;
  • gross estate value, net estate after liabilities, and the basis used to allocate each beneficiary’s share;
  • any credits, advances, or prior distributions made to beneficiaries; and
  • a clear calculation showing how the amount you received was determined (for example: percentage under the will, intestate share, reduction for debts or expenses, credits for advances, or pro rata distribution method).

Practical steps to take (simple, ordered)

  1. Ask informally and promptly. Contact the personal representative and request, in writing, an explanation and a copy of the estate accounting or accounting ledger. A polite, clear written request creates a record.
  2. Request specific documents. Ask for the will (if any), inventory, receipts for major disbursements, the computation used to determine your share, and any court-filed account or inventory. If the estate is being administered in probate, there may already be filed documents you can inspect at the clerk or Orphans’ Court.
  3. Give a short reasonable deadline. State a date (e.g., 10–14 days) by which you expect a written response. This shows you tried to resolve the matter before escalating.
  4. If no satisfactory response, consider a written demand through an attorney. A lawyer can review whether the accounting looks correct and advise next steps.
  5. If the PR refuses or the accounting is incomplete or incorrect, you may petition the Orphans’ Court (or the probate court handling the estate) to compel an accounting, surcharge the personal representative for breaches, or seek removal for misconduct. Maryland’s Orphans’ Courts hear many probate accounting disputes.

Legal remedies available in Maryland

Under Maryland practice, interested persons can request an accounting and can challenge the PR’s actions in the Orphans’ Court or other probate forum. Remedies may include:

  • a court order compelling a full accounting;
  • an order requiring repayment or surcharge if the PR misapplied estate assets or paid improper fees;
  • removal of the personal representative in serious cases of breach of duty; and
  • resolution of disputed debts, taxes, or credits that affect distribution amounts.

Where to look in Maryland law and court resources

Maryland statutes and court resources govern estate administration and probate procedure. For statute text about estates and fiduciary duties, see the Maryland Code, Estates & Trusts (visit the Maryland General Assembly site for the Estates & Trusts Article): mgaleg.maryland.gov — Estates & Trusts. For practical probate and Orphans’ Court information, Maryland courts maintain user resources about probate and personal representatives: mdcourts.gov — Probate and general Orphans’ Court information: mdcourts.gov — Orphans’ Court.

Note: statute sections that specifically address accounting, inventories, notices to creditors, and fiduciary duties appear in the Estates & Trusts Article and in Maryland probate procedure rules. If you decide to ask a court to compel an account, the Orphans’ Court in the county where the decedent lived normally hears the matter.

Helpful hints — how to prepare and what to request

  • Put requests in writing. A dated written request helps document attempts to resolve the issue before filing a court action.
  • Ask for a ledger and supporting docs. Request the accounting ledger, copies of bank statements for estate accounts, receipts for major expenses, and any tax filings related to the estate.
  • Know the math. Ask the PR to show the exact formula they used (e.g., gross estate X% minus expenses Y = your net share). If the estate used intestate law, ask for the statute basis.
  • Track advances and credits. If you (or another beneficiary) previously received money as an advance on your inheritance, confirm how the PR credited that amount in the final distribution.
  • Get key documents early. Obtain a copy of the will, death certificate, and any court filings. These often clarify distribution rules and the PR’s authority.
  • Keep a timeline. Record dates of death, inventory filings, distributions, and all communications with the PR.
  • Consider mediation. Some disputes resolve through mediation rather than contested court proceedings, which can save time and cost.
  • If you hire counsel, bring documentation. Your attorney will want the will, any communications, bank statements (if available), and copies of the PR’s accounting or distribution memo.

Disclaimer: This article explains general information about Maryland probate practice and is not legal advice. It does not create an attorney–client relationship. For advice about your specific situation, consult a licensed Maryland attorney familiar with probate and estate administration.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.