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

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

Detailed Answer

If a personal representative (also called an executor or administrator) sends you a distribution from an estate but does not explain how your share was calculated, you have several clear, practical options under Vermont law to get the information you need and to protect your rights.

Key legal background: Vermont’s probate law (Title 14) places duties on personal representatives to identify estate assets, pay valid debts and expenses, and keep beneficiaries informed. The probate court supervises estate administration and can require the personal representative to provide accounts and supporting records. See Vermont statutes: Title 14 — Probate, Trusts and Fiduciaries.

Step-by-step actions you can take

  1. Ask for a written explanation immediately.

    Send a short, polite written request to the personal representative asking for a clear, itemized explanation of how your payment was calculated. Ask for copies of the supporting documents they relied on (inventory, accountings, bank statements, receipts, and calculations).

  2. Request the estate accounting and inventory.

    Under Vermont probate practice the personal representative should prepare an inventory and periodic or final accounting. Request the estate inventory, the account showing receipts and disbursements, and any proposed distribution schedule. If the PR has filed an inventory or accounting with the probate court, you can obtain copies from the court file.

  3. Check the probate court file.

    Contact the probate division of the Vermont Superior Court for the county where the estate is being administered and ask to review the estate file. Court filings often include petitions, inventories, accountings, and notices that explain distributions. Court staff can tell you whether the PR has filed an accounting or a petition for final distribution.

  4. Object to an accounting or distribution if necessary.

    If the personal representative filed a proposed distribution or accounting with the court and you believe the calculation is wrong or incomplete, you may file a written objection (an exception or contest) with the probate court requesting explanations, corrections, or a hearing.

  5. Ask the court to compel an accounting or production of records.

    If the PR refuses to provide information, you can petition the probate court to compel a formal accounting or to order production of supporting documents. The court has authority to require detailed accountings and can schedule a hearing to resolve disputes.

  6. Consider removal or surcharge motions in cases of serious misconduct.

    If the PR is hiding information, misappropriating assets, or otherwise failing to perform duties, beneficiaries may ask the court to remove the personal representative or to surcharge (recover) losses from the PR. These are serious remedies that usually require clear proof and a court proceeding.

  7. Explore informal resolution first.

    Before going to court, consider mediation or a meeting with the PR and other interested parties to resolve calculation questions. This can save time and expense, but do not waive your right to seek court review if an agreement is not fair or fully documented.

  8. Get legal advice when necessary.

    If the amount at stake is significant, the PR refuses to cooperate, or you suspect wrongdoing, consult an attorney who handles estate and probate matters in Vermont. An attorney can review the accounting, advise you about deadlines for objections, and represent you in court if needed.

What documents you should request

  • Copy of the will (if any) and the document appointing the personal representative.
  • Estate inventory or schedule of assets and their values.
  • Accountings showing all receipts, disbursements, fees, and taxes.
  • Bank statements, closing statements, bill of sale, or other evidence supporting valuations.
  • A distribution worksheet or calculation showing how your specific share was derived (including any debts, expenses, taxes, commissions or allowed claims subtracted before distribution).

Timing and deadlines

Specific deadlines for filing objections or requesting court action depend on the probate filings and the court’s scheduling rules. If the PR files a final accounting or a petition for discharge, Vermont probate rules set time windows for objections. Because timelines matter, request information promptly and consult the probate court or an attorney about applicable deadlines.

Where to find Vermont probate rules and statutes

Vermont’s probate statutes and related rules are available online. Start with the Vermont statutes for probate matters: Title 14 — Probate, Trusts and Fiduciaries. For court procedures and forms, visit the Vermont Judiciary website: Vermont Judiciary.

Bottom line: You have a right to a clear, itemized explanation and supporting documents showing how your share was calculated. Begin by requesting the information in writing, inspect the probate court file, and, if the personal representative refuses, ask the probate court to compel an accounting or take other appropriate action.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a qualified Vermont probate attorney.

Helpful Hints

  • Always make written requests and keep copies of all communications.
  • Be specific in your requests: ask for the distribution worksheet and all supporting documents.
  • Check the probate court file — many accountings are public court records.
  • Preserve emails and paper records that show what the PR reported or paid.
  • Ask for an explanation of any deductions (debts, taxes, fees) that reduced your share.
  • If you and other beneficiaries agree, a joint request for records or mediation can be more persuasive.
  • If the PR delays or hides records, consider getting legal help early to avoid losing rights or deadlines.

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.