FAQ: If a personal representative sends a payment but does not explain how your share was calculated — what can you do under Wyoming law?
Short answer
If a personal representative (also called an executor or administrator) sends you money from an estate without any explanation of how that amount was calculated, you have the right to ask for a written accounting and an explanation. If the representative refuses, Wyoming law and Wyoming probate court procedures give beneficiaries ways to compel an accounting, to challenge distributions, and to seek court remedies including surcharge or removal of the representative if there is wrongdoing.
Detailed answer — what you should know and do next
1. Understand the role of the personal representative
The personal representative has a fiduciary duty to the estate and to beneficiaries. That means they must act in the estate’s best interests, keep proper records, and account for receipts, expenses, assets, and distributions. If you received a distribution but no supporting accounting, it is reasonable and normal to request the math and documents supporting that payment.
2. Ask for an explanation and a written accounting
Start with a polite but clear written request. Ask for:
- a copy of the will or governing instrument (if you don’t already have it),
- a complete estate accounting or settlement statement showing how the representative calculated your share (itemized receipts, disbursements, debts, fees, taxes, and how taxes or debts were allocated), and
- any correspondence, appraisals, or valuations used to determine value of estate assets.
Send this request by email and certified mail so you have proof of delivery. Keep copies of everything you send and receive.
3. What to expect in an accounting
A proper accounting usually shows: beginning inventory or value of estate assets, receipts (sale proceeds, bank balances), expenses and debts paid (funeral, taxes, creditor claims), administrative expenses and fees, and final distributions. The accounting should show how the representative arrived at your specific distribution amount (for example: intestate share, residuary share, specific legacy reduced by creditor claims or taxes, or allowance for prior advances).
4. If the personal representative refuses or provides an inadequate accounting
If the representative refuses or gives you an unsatisfactory answer, your next steps typically include:
- Request a formal accounting through the probate court (filing a petition requesting an accounting or an order to show cause). Probate courts routinely handle such disputes.
- Ask the court for an order compelling the personal representative to produce records and to explain the distribution.
- Seek remedies if the representative acted improperly: surcharge (financial liability for mismanagement), removal as personal representative, or other equitable relief.
5. Timing and practical considerations
Act promptly. Many estate matters have deadlines for objections or for filing claims. Gathering records early will help you evaluate whether the distribution was correct and whether it was reduced properly for debts, taxes, prior advances to beneficiaries, or legitimate administrative expenses.
6. When to hire an attorney
If the representative continues to refuse, the numbers don’t add up, or you suspect misappropriation, consult a probate attorney. An attorney can:
- review the accounting and supporting documents,
- advise whether the distribution complies with the will or Wyoming law,
- file petitions in probate court (for accounting, surcharge, or removal), and
- represent you in settlement talks or court hearings.
7. Where the law and court procedures can help
Wyoming’s probate statutes and court rules govern estate administration and the rights of beneficiaries. The Wyoming Judicial Branch provides resources on estate administration and probate practice, and the Wyoming Legislature publishes the state statutes. If you want to read Wyoming’s laws or find local probate forms and procedures, start at the official state sites:
- Wyoming Legislature: https://wyoleg.gov/
- Wyoming Judicial Branch — court information and probate resources: https://www.courts.state.wy.us/
8. Example of a short written request you can send
“I received a distribution of $X from the estate of [decedent]. Please provide within 14 days a written accounting showing how my distribution was calculated, including a copy of the inventory, schedule of receipts and disbursements, creditor claim payments, taxes paid or estimated, any attorney or personal representative fees, and any documents the personal representative relied on (appraisals, sale records). If you refuse to provide this information, please state the legal basis for the refusal.”
Helpful Hints
- Put every request in writing and keep proof of delivery (email receipts, certified mail return receipt).
- Collect what you already have: copy of the decedent’s will, any prior communications, the payment check or deposit record, and any statements about advances to beneficiaries.
- Ask for an itemized accounting — a short memo or summary is not enough if numbers don’t match; you are entitled to details.
- Be aware of common reasons for a smaller payment: valid creditor claims, estate taxes, administration expenses, or valid prior advances to you or others.
- If you are the only person with questions, try to resolve the issue directly; if multiple beneficiaries are concerned, a joint demand can be more effective.
- If timing is urgent (e.g., assets are being sold or depleted), consider an attorney early to preserve remedies and deadlines.
- Most disputes are resolved by providing a clear accounting. Court petitions are available if communication fails.