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

Short answer: In Mississippi the personal representative (also called the executor or administrator) is a fiduciary who must account for estate assets and distributions. If you received a payment but no explanation, start by requesting a written accounting and receipts. If the representative refuses or the accounting looks incomplete or wrong, you can ask the probate court to compel a formal accounting, review the calculations, and, if necessary, seek surcharge or removal of the personal representative. This article explains how to proceed step by step.

Disclaimer

This is general information about Mississippi probate practice, not legal advice. I am not a lawyer. For advice specific to your situation, consult a Mississippi probate attorney.

Detailed answer — your rights and practical steps under Mississippi law

1. Understand the role and duties of the personal representative. In Mississippi the personal representative is a fiduciary who must collect estate assets, pay valid debts and expenses, and distribute the remaining assets to beneficiaries according to the will or Mississippi law if there is no will. Part of that duty is to keep reasonable records and provide beneficiaries information about distributions and the estate administration. See Mississippi statutes governing decedents’ estates (Title 91). For general statutory reference, see Mississippi Code: Decedents’ Estates: https://law.justia.com/codes/mississippi/ (search Title 91).

2. Your immediate right — ask for a written accounting and supporting documents. If you got a check or transfer with no explanation, send a written request to the personal representative asking for:

• A copy of the decedent’s will (if one exists) and the probate court’s letters testamentary or letters of administration.
• An itemized estate inventory and valuation used to calculate distributions.
• An accounting showing gross estate receipts, payments of funeral expenses, debts, taxes, fees, and the calculation that produced your share.
• Copies of invoices, receipts, bank statements, and any settlement worksheet used to calculate distributions.

Send the request by certified mail or another method that gives proof of delivery. Be polite but specific. Many issues resolve at this stage.

3. If the representative does not respond or the explanation is insufficient, you can ask the probate court for relief. Mississippi probate courts supervise estate administration. If an informal request fails, you can file a petition in the probate court that has jurisdiction over the estate (usually where the decedent lived) asking the court to:

• Order the personal representative to file a formal account and supporting documents.
• Review and audit the accounting for errors or improper payments.
• Impose a surcharge against the representative for losses caused by mismanagement or breach of fiduciary duty.
• Remove and replace the personal representative for cause in serious cases.

The probate judge can compel an accounting, hear evidence, and order remedies. You may also ask the court to continue the distribution until questions are resolved.

4. Common legal grounds to challenge a distribution. You can challenge a payment if you believe the representative:

• Made math errors or used incorrect valuations.
• Paid unauthorized debts or allowed preferential transfers.
• Failed to follow the will or Mississippi intestate succession rules.
• Paid excessive fees or self-dealt without court approval.

Proving these issues may require documents, bank records, appraisals, and testimony. The probate court has the power to correct mistakes and order repayment or surcharge.

5. Practical timeline and considerations.

• Immediately: Send your written demand for accounting. Save copies of all correspondence.
• Within weeks: Expect a response; many representatives provide an explanation within 30 days.
• If no or inadequate response: Consult a probate attorney to prepare a petition to compel accounting and schedule a probate court hearing.
• Be aware of deadlines: Mississippi has statutes of limitation for some estate claims. A lawyer can advise on timing and required pleadings.

6. Evidence and documentation to collect. When you prepare to request or challenge an accounting, gather:

• Copy of the will and any codicils (if known).
• Any correspondence with the personal representative.
• Statements or receipts you received showing the payment amount and date.
• Information about other beneficiaries and known estate assets (real property, bank accounts, life insurance).

7. Cost and counsel. If the amount at issue is small, weigh the cost of litigation versus the value of the claim. Mississippi probate courts may allow the estate to pay reasonable attorney fees in some circumstances, but you should get a lawyer’s opinion before initiating formal court action. The probate process includes filing fees and possible attorney fees. Contact a local probate attorney for a case-specific estimate.

8. Alternative steps: mediation or settlement. Many disputes resolve by providing missing documents and a corrected calculation. Consider mediation or a settlement demand to avoid court costs and delay.

9. Where to find Mississippi statutes and probate court information

• Mississippi Code — Decedents’ Estates (Title 91): https://law.justia.com/codes/mississippi/ (use the Title 91 listings to read specific sections).
• Mississippi Judiciary information and local court contacts: https://courts.ms.gov/

Helpful Hints

• Always request an accounting in writing and keep proof of delivery (certified mail or email with read receipt).
• Ask for specific documents: inventory, receipts for debts, bank statements, and the distribution worksheet. Vague requests get vague answers.
• Be polite but firm. Many personal representatives are volunteers who will comply once they understand the request.
• If the representative is a bank or corporate fiduciary, they often have internal procedures and will provide full documentation on request.
• Keep a timeline and file folder of every correspondence, check, and document you receive.
• If you suspect fraud or theft, contact an attorney immediately — and consider requesting an emergency court order to freeze distributions.
• If court action becomes necessary, hire a probate attorney licensed in Mississippi. Probate rules and timelines vary by county.
• Ask whether the estate paid the representative’s attorney fees or commissions; these may affect the net amount you received.

If you want, I can draft a short template demand letter you could send to the personal representative requesting an accounting and supporting documents.