What to do if the personal representative sends a payment without explaining how they calculated your share of the estate
Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Pennsylvania attorney.
Detailed answer — your rights and practical steps under Pennsylvania law
If a personal representative (executor or administrator) in Pennsylvania sends you a distribution but does not explain how your share was calculated, you have clear options. Pennsylvania law gives beneficiaries and heirs the right to information about the estate, and the right to request and, if necessary, compel a formal accounting.
Start with these principles:
- The personal representative has a fiduciary duty to administer the estate honestly, prudently, and openly. That duty includes keeping records of receipts, disbursements, assets, and distributions and making those records available to interested parties.
- Beneficiaries and heirs are “interested persons” and generally have the right to see the estate inventory and to receive an accounting of how the estate was settled before or after distributions are finalized.
Relevant Pennsylvania law is found in Title 20 of the Pennsylvania Consolidated Statutes (Decedents’ Estates and Fiduciaries). For a full view of the statutory provisions, see Title 20 on the Pennsylvania General Assembly website: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20. You can review chapters on administration and fiduciary duties (for example, the chapters on administration and fiduciary obligations) to see statutory duties that apply to personal representatives: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&chpt=31 and https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&chpt=33.
Immediate practical steps
- Ask for a written explanation and basic documents. Send a polite, dated written request to the personal representative asking for an itemized calculation of your share and copies of the documents used to calculate that amount. Ask specifically for the will (if any), the estate inventory, the decedent’s asset list, receipts for debts paid, and the distribution schedule.
- Request an accounting. If the written explanation is incomplete, request a formal accounting. Many administrations provide a simple “administrative accounting” that lists assets, debts paid, expenses, taxes, and distributions. Tell the personal representative you are requesting a copy of the accounting that supports the distribution.
- Keep records of communications. Save emails, letters, texts, and proof of mailed requests. If you ask for information verbally, follow up in writing summarizing what was asked and when.
- Allow time but set a deadline. Give the personal representative a reasonable deadline to respond in writing (commonly 14–30 days). If they need more time, ask for a clear timeline.
- If ignored or unsatisfactory, pursue court remedies. In Pennsylvania, interested persons can petition the Orphans’ Court (or the appropriate court handling estates in your county) to compel an accounting, examine the representative’s books, surcharge the personal representative for losses caused by misconduct, or seek removal for serious breaches. Your county Register of Wills or the Orphans’ Court clerk can tell you how to file a petition to compel an accounting.
What the court can order
The Orphans’ Court can:
- Order the personal representative to file a formal account and provide supporting documentation.
- Permit discovery and inspection of estate records and bank statements.
- Grant exceptions to the account if beneficiaries identify specific problems (errors, undisclosed assets, improper expenses).
- Assess a surcharge (financial penalty) or remove the personal representative for willful misconduct, gross negligence, or breach of fiduciary duty.
Timing and costs to consider
Small concerns can often be resolved by a written request. If you need to file a petition in court, expect filing fees, and if you hire an attorney, expect legal fees. Courts sometimes award attorney’s fees against an estate when a petition is reasonable and benefits the estate. If the amount in dispute is small, weigh the likely costs against possible recovery.
When to consult a Pennsylvania attorney
If the personal representative refuses to provide documentation, provides an obviously incorrect calculation, withholds assets, or you suspect misconduct, consult a lawyer who handles probate/estate litigation or Orphans’ Court matters in Pennsylvania. An attorney can help draft a demand letter, prepare a petition to compel an accounting, or bring exceptions to an account.
Helpful hints — quick checklist to get the information you need
- Start with a short written request: list the documents you want (will, inventory, account, receipts) and set a clear due date.
- Ask for a simple explanation of how the personal representative calculated your share: show numerator (net estate after debts/taxes/expenses) and denominator (who shares and how under the will or intestacy).
- Request the estate inventory and a copy of the bank account statements that show deposits and distributions.
- If the estate was distributed before full accounting, ask whether the distribution was interim or final and if outstanding claims or taxes remain.
- Use certified mail or email with read receipts when sending formal requests to create a reliable record.
- Contact your county Register of Wills or the Orphans’ Court clerk for local filing procedures and forms; clerks can usually explain how to open a petition to compel an accounting.
- Keep your requested documents organized: timeline of events, copies of communications, and a list of questions for the personal representative or your attorney.
Where to look online for Pennsylvania statutes and procedural information
Title 20 (Decedents’ Estates and Fiduciaries) — Pennsylvania Consolidated Statutes: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20
Chapter on administration (examples): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&chpt=31
Chapter on fiduciary duties and accounts (examples): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&chpt=33
Final tips
Always ask in writing first. Courts expect beneficiaries to try to resolve disputes informally before filing petitions. A clear, professional written request often resolves simple misunderstandings. If you must move to court, an attorney familiar with Pennsylvania Orphans’ Court practice will help you present the strongest, most cost-effective case.