What can I do if the personal representative sends me a payment without explaining how they calculated my share of the estate?
Short answer: In Ohio you can ask the personal representative for a written, itemized accounting; review the estate papers filed in probate (inventory and account); and, if the representative won’t explain or the explanation looks wrong, you can ask the probate court to require an accounting or intervene. You should document your requests in writing and consider consulting an attorney if the representative resists or if large sums are at stake.
Detailed answer — your rights and steps to take under Ohio law
This answer explains common steps beneficiaries can take in Ohio when a personal representative (executor or administrator) sends a distribution without explaining how it was calculated. This is general information and not legal advice.
1. Understand the representative’s basic duties
Under Ohio probate law, the personal representative must marshal estate assets, pay valid debts and expenses, keep proper records, and distribute the remaining assets to heirs or beneficiaries according to the will or statute. The representative is accountable to the probate court and to beneficiaries for how estate assets are handled. For general statutory coverage of probate practice and distribution rules, see Ohio Revised Code, chapters on probate courts and distribution: ORC chapter 2109 (Probate Courts) and ORC chapter 2113 (Descent and Distribution). Inventory and account requirements are discussed in the probate code at ORC chapter 2115.
2. Ask for an itemized accounting in writing
Start by making a clear, written request. Ask the personal representative for an itemized statement that shows:
- Gross estate assets and their values.
- All debts, funeral expenses, taxes, and administrative costs paid from the estate.
- Any fees paid to the personal representative or professionals (attorneys, appraisers, accountants).
- The formula used to calculate your share (for example, specific bequest, percentage of residue, or intestate share).
- How the amount you received was derived from the estate accounting.
Keep a copy of your request (email and/or certified mail) and note the date you sent it. A written request creates a record if you later need the court’s help.
3. Review what has already been filed in probate
Most personal representatives must file an inventory and may be required to file accountings with the probate court. You have the right to review those filings. Check the probate court file for documents such as the inventory, appraisement, and any account or partial account filed by the representative. You can request copies from the probate clerk or view them in the court file. See ORC chapter 2115 for inventory and related procedures: https://codes.ohio.gov/ohio-revised-code/chapter-2115.
4. If you’re not satisfied, file an objection or request the court to compel an accounting
If the representative refuses to provide a reasonable explanation or the numbers look incorrect, you may file a written objection or a petition in probate court requesting an accounting or an order compelling the representative to explain distributions. The probate court has authority to review fiduciary accounts, require production of records, and to enter orders for correction, surcharge (financial penalty), or removal of a personal representative if misconduct or dereliction of duty is shown. See the probate court’s authority in ORC chapter 2109: https://codes.ohio.gov/ohio-revised-code/chapter-2109.
5. Be careful before signing releases or cashing checks
If the payment arrives with a document labeled “release” or “final receipt,” read it carefully. Signing a broad release or cashing a distribution that is explicitly called a final distribution may make later challenges harder. If you’re unsure whether the payment fully resolves your claims, ask for an explanation in writing first and consider consulting a lawyer before signing anything that waives rights.
6. Consider alternatives before going to court
Often the fastest and least expensive path is a direct written request followed by mediation or a meeting with the representative and their counsel. If the representative has an attorney, you can request the attorney provide the accounting or explanation. If the representative is inexperienced, a polite written demand and a copy of the probate filings often resolves the issue.
7. When to get a lawyer
Consider speaking with an attorney if:
- The amounts involved are significant.
- The representative refuses to account or produce records.
- You suspect self-dealing, improper expenses, or misallocation of assets.
- You’re asked to sign a release for a “final distribution.”
Sample written request (brief template)
Use this to ask the personal representative to explain the payment:
Dear [Personal Representative],
I received a payment of $[amount] dated [date]. Please provide a written, itemized accounting showing (1) the estate assets and values used to calculate distributions; (2) debts, taxes, and administrative expenses paid; (3) fees or commissions charged; and (4) the calculation that produced my share. Please provide copies of the inventory and any account filed with the probate court. Thank you.
Sincerely,
[Your name]
Helpful Hints
- Keep every communication in writing and keep copies (email, certified mail receipts).
- Request specific documents: inventory, account, receipts for large expenses, fee schedules, and any releases you’re asked to sign.
- Don’t rush to sign a release or endorsement if you don’t understand the calculation.
- Check the probate court file — many documents are public and will show values and distributions already reported.
- If the estate is small and the representative is cooperative, a polite letter or phone call often resolves questions quickly.
- If you file anything in court, follow local probate rules — deadlines for objecting to an account or opposing distributions vary by county and case type.
- When in doubt about legal consequences of cashing a check or signing a release, consult an attorney with probate experience in Ohio.
Disclaimer: I am not a lawyer. This information is educational and does not constitute legal advice. For advice about your specific situation, consult a licensed Ohio attorney or contact the probate court in the county where the estate is being administered.