What to do if a personal representative in New Hampshire sends a payment without explaining how your share was calculated
Short answer: Ask the personal representative (PR) in writing for a full accounting and explanation of how your share was calculated. If the PR does not provide a satisfactory written accounting, you can ask the Probate Court to compel an accounting, seek removal or surcharge for misconduct, or consult a lawyer to protect your rights.
Detailed answer — steps to take under New Hampshire law
This answer explains what an interested person can do in New Hampshire when the estate’s personal representative sends a distribution (a check or electronic payment) but does not explain the math behind your share.
1. Who is an interested person?
An interested person generally means beneficiaries named in the will, heirs-at-law if there is no will, creditors with claims, and anyone else whose rights could be affected by the estate administration. If you received a distribution as a beneficiary or heir, you are an interested person and have rights in the probate process.
2. First step — request a written accounting and explanation
Start by sending a polite written request to the PR asking for a full accounting and explanation. State what you want and give a reasonable deadline (for example, 14–30 days). Keep copies of all communications.
Items to request in writing:
- Inventory of estate assets and current values used to calculate distributions.
- Itemized list of debts and expenses the estate paid (including receipts or invoices for significant items).
- All fees and commissions the PR or estate attorney charged and how they were calculated.
- The formula used to compute your share (how debts, taxes, expenses, reimbursements, and any advances were deducted).
- Copies of any prior distributions, waivers, releases, or written agreements affecting distributions.
3. What you should expect to receive
Most PRs provide an accounting listing receipts, disbursements, and distributions. A typical accounting shows the gross estate, payments of debts and taxes, administrative expenses, any allowances to the surviving spouse or family per statute or will, and the net amount distributed to each beneficiary.
4. If the PR refuses or ignores your request — file a petition in Probate Court
If the PR does not provide a written accounting or the explanation is incomplete, you can ask the Probate Court to compel an accounting. The NH Probate Court has authority to supervise estate administration and to require PRs to render accounts to interested persons.
Practical steps:
- File a petition with the Probate Court in the county where the estate is being administered asking the court to order the PR to file a formal accounting.
- If you believe the PR has overcharged, misapplied estate funds, or acted in bad faith, you can ask the court for surcharge (financial liability), removal of the PR, or an audit.
- Bring copies of your written requests and any responses when you file the petition.
5. Remedies the court can provide
- Order the PR to file a verified inventory and accounting.
- Surcharge the PR for losses caused by mismanagement or breach of fiduciary duty.
- Remove the PR and appoint a successor, in cases of misconduct or incapacity.
- Order repayment or adjustments to distributions if calculations were incorrect.
6. Time, costs, and practical considerations
Compelled court action can take time and may generate additional estate expenses. If the amount in dispute is small, weigh the cost of court action against the likely recovery. For larger or suspicious discrepancies, court action or lawyer involvement is often warranted.
7. When to consult a lawyer
Consider talking to an attorney if any of the following apply:
- The PR refuses to provide information or you receive evasive or incomplete responses.
- Distributions appear incorrect, inconsistent with the will, or show possible self-dealing (for example, excessive fees or reimbursements to the PR).
- You suspect fraud, forgery, or intentional misconduct.
- Large estate value or complex asset issues (business interests, real estate, tax matters).
8. Useful New Hampshire resources
- New Hampshire Judicial Branch — Probate Division overview and forms: https://www.courts.state.nh.us/probate/
- New Hampshire Revised Statutes (RSA) index (search statutes): https://www.gencourt.state.nh.us/rsa/
- Probate court contacts and local procedures: visit the Probate Division page above and the local county probate court pages linked there.
Helpful hints
- Make your initial request in writing and send it by certified mail or another method that provides proof of delivery.
- Be specific in your request—list the exact documents and calculations you want (inventory, receipts, fee schedules, ledger showing distributions).
- Keep all original documents and copies of communications; organize them by date and topic.
- Ask for a reasonable deadline (often 14–30 days). A firm but polite tone often works; if not, follow up with the warning that you will involve the Probate Court.
- If you accept a distribution, be careful before signing any full release of claims—read releases closely and consider getting legal advice if the release waives future claims.
- If the estate is small, ask the probate clerk about informal procedures or small-claims-like alternatives before filing a formal petition.
- If you hire an attorney, provide them with your written requests and the PR’s responses; a lawyer can often obtain the necessary accounting more quickly and explain your options.
Disclaimer: This article is educational only and does not constitute legal advice. It summarizes common steps and resources under New Hampshire law but is not a substitute for consulting a lawyer about your specific situation.