Detailed Answer — What to do when you receive a payment from a personal representative without an explanation
When a personal representative (also called an executor or administrator) sends you money from an estate but does not explain how they calculated your share, you have clear, practical options under Washington law. Beneficiaries and heirs generally have a right to information about the estate administration, and the personal representative has duties and fiduciary responsibilities. The steps below explain what you can do, how to ask for an explanation, and what legal remedies exist if the personal representative refuses to justify the payment.
1. Ask for a written accounting and supporting documents
Start by making a written request to the personal representative. Ask for these items:
- A copy of the will (if any) and any codicils.
- A copy of the probate court file (if the estate is or was probated).
- An itemized accounting showing all estate receipts and disbursements (assets collected, debts paid, taxes, fees, expenses).
- A calculation showing how your distributive share was computed (including whether distributions were reduced by debts, expenses, prepayments, or advances).
- Copies of documents that support major entries: appraisals, closing statements, bills, receipts, tax filings, and checks or transfers.
Put your request in writing and keep a copy. A polite but specific written demand creates a record you can use later if the personal representative does not respond.
2. Understand what the accounting should show
An appropriate accounting will normally include:
- Beginning estate inventory and value of assets at probate or administration start.
- All assets collected (sale proceeds, bank account balances, life insurance, retirement accounts, etc.).
- Payments made for funeral expenses, valid creditor claims, taxes, legal and administrative fees, and distributions to beneficiaries.
- How the remaining assets were divided among heirs or devisees (for example, per will terms or by intestacy rules).
Because Washington is a community property state, property characterization (community vs. separate) can affect how much each heir or spouse receives. If the deceased’s spouse is involved, ask whether assets were treated as community property and how that affected distributions.
3. If the estate is in probate, review court filings
If the personal representative opened a probate case, many official papers are public. A final account or petition for final distribution often must be filed with the court. You can ask the clerk for copies of the estate inventory, accountings, petitions, and the order approving distribution. Washington probate statutes and procedures are in RCW Title 11; you can review them here: https://app.leg.wa.gov/rcw/title/11/
4. If the personal representative refuses or gives an inadequate explanation: demand an accounting in court
If your written request does not produce a satisfactory accounting, you can ask the probate court to compel one. Typical steps include filing a petition with the probate court asking the judge to order the personal representative to file a verified account of administration and to produce supporting documents. The court can:
- Order the personal representative to file a formal accounting under oath.
- Schedule a hearing where the personal representative must explain distributions.
- Require production of records the court finds relevant.
Filing these motions usually starts with a small fee and a court form or petition. Review the probate docket to learn deadlines for objecting to distributions or petitions for final distribution.
5. Other remedies if the accounting shows problems
If the accounting reveals errors, self-dealing, improper deductions, or missing funds, the court may fashion remedies including:
- Requiring restoration of improperly taken assets or surcharge (monetary damages) against the personal representative.
- Removing the personal representative and appointing a replacement if there is a breach of fiduciary duty.
- Ordering further investigation or referral to a law-enforcement agency if you can show fraud or criminal conduct.
6. When to get a lawyer
If the personal representative ignores requests, if distributions are large or complicated, or if you suspect misconduct, consult a probate attorney. An attorney can:
- Prepare a formal petition to compel accounting or remove a fiduciary.
- Request discovery (document production, depositions) under court rules.
- Explain valuation issues, tax consequences, and community-property complications.
7. Timing and practical points
Act promptly. Probate matters include deadlines to object to petitions for final distribution or to file claims. Waiting may limit your options to challenge a distribution approved by the court.
Statutory and practical background
Washington’s probate laws set out duties for personal representatives and provide the probate court authority to supervise administration. You can read the statutes in RCW Title 11 here: https://app.leg.wa.gov/rcw/title/11/
Short example (hypothetical facts)
Hypothetical: Jane is a beneficiary. The personal representative sends Jane $5,000 and an email saying “final payment.” Jane asks for an accounting. The personal representative sends a bank statement that does not explain why Jane’s amount is $5,000 rather than the roughly $8,000 Jane expects. Jane should:
- Send a written demand for a full, itemized accounting and copies of any receipts, bills, and the distribution calculation.
- If the response is incomplete, check whether a probate case exists and review any filed inventories or accountings in court.
- If necessary, file a petition in probate court to compel a verified accounting and, if wrongdoing appears, ask the court for relief (surcharge, removal, or an evidentiary hearing).
Disclaimer
This information is for general education and does not constitute legal advice. It explains common options under Washington law but cannot predict how a court will rule in a particular case. If you need advice for your situation, consult a licensed Washington probate attorney.
Helpful Hints
- Always make information requests in writing and keep copies of correspondence.
- Ask for a specific list of documents: inventory, receipts, appraisals, creditor claims, tax returns, and the distribution worksheet.
- Check whether the estate is in probate; if so, read filed court papers before asking for further information.
- Act quickly to protect your right to object to distributions or to file petitions.
- If distributions involve community-property issues (spouse surviving), ask how community vs. separate property was treated.
- If a personal representative is uncooperative or you suspect misconduct, consult a probate attorney early to preserve evidence and deadlines.
- Use the Washington Revised Code (Title 11) for statute reference: https://app.leg.wa.gov/rcw/title/11/