How to Force an Accounting in Probate in West Virginia

Short answer: Yes — if you are an interested person in a West Virginia probate case (for example, an heir, beneficiary, or creditor), you can ask the probate court to require the personal representative (executor or administrator) to provide a full accounting of estate assets and transactions. This typically starts with an informal request and, if necessary, a formal petition or motion asking the court to compel an accounting and schedule a hearing.

Detailed answer — what an accounting is and how to get one

An accounting is a formal, dated record showing what the personal representative has done with estate property since appointment. A complete accounting generally lists all assets at the time of appointment, all cash receipts and disbursements (sales, expenses, fees, distributions), investments bought or sold, bank statements, and the current status of each asset.

Under West Virginia practice, personal representatives owe fiduciary duties to the estate and to interested parties. Those duties include managing assets prudently, preserving estate property, paying valid debts, filing required inventories and accountings with the probate court, and giving notice to beneficiaries. If a fiduciary fails to provide required information, interested persons may petition the probate court to compel an accounting and to review the fiduciary’s actions.

Practical steps to request an accounting in West Virginia:

• Identify your status. Make sure you are an interested person: typical examples are heirs named in a will, beneficiaries, or creditors. If you are not an interested person you generally cannot force an accounting.
• Ask informally first. Send a written request to the personal representative asking for the inventory, bank statements, receipts, and any previously filed accountings. Keep a copy of your request and any responses.
• Check the probate docket and filings. Visit or contact the county clerk’s probate office where the estate is open and ask for filed inventories or accountings. Many counties keep public records of filings and hearing dates.
• If informal requests fail, file a petition or motion. Prepare a petition or motion asking the probate court to compel an accounting. The petition should state your interest in the estate, what information you have requested and not received, and the relief you seek (e.g., production of a complete accounting, supporting documents, and a hearing).
• Serve notice. Serve the petition on the personal representative and other required parties. The court will set a hearing if the case is contested or if the judge requires a hearing.
• What happens at hearing. The personal representative should present the accounting and supporting documents. The court can approve the accounting, order corrections, surcharge (monetary liability) if the fiduciary mismanaged property, or remove the fiduciary in serious cases.

Specific filing requirements (deadlines, form content, and notice rules) vary by county and by the stage of administration. The West Virginia Code and probate court procedures provide the legal framework for fiduciary duties and accounting; for the general statutory framework, see West Virginia Code, Title 44 (Wills, Trusts, and Fiduciaries): https://code.wvlegislature.gov/title-44/. For practical probate guidance, see the West Virginia Judiciary public resources: https://www.courtswv.gov/public-resources/.

When the court will compel an accounting

• If required inventories or accounts have not been filed.
• If there are unexplained gaps, suspicious transactions, or apparent self-dealing by the personal representative.
• If beneficiaries need information to determine whether distributions are correct or taxes/expenses were properly paid.
• If there is a dispute about the value or disposition of estate assets.

The court has wide discretion to order a full accounting, require supporting documents (bank records, receipts, contracts), and to schedule an evidentiary hearing.

Possible outcomes after the court reviews an accounting

• Accounting approved: Court accepts the accounting and allows distributions to proceed.
• Corrections ordered: Judge requires the fiduciary to correct errors or supply missing documentation.
• Surcharge or damages: If the fiduciary breached duties (negligence or intentional misconduct), the court can surcharge the fiduciary for losses.
• Removal: In serious cases the court can remove the personal representative and appoint a successor.
• Referral for further action: The court can refer matters for criminal investigation or require an independent forensic accounting.

Evidence and documents you should expect or request

• Inventory of estate property filed with the court.
• Receipts, cancelled checks, and bank statements for each estate account.
• Records of sales, appraisals, and transfers of real and personal property.
• Records of funeral, medical, and administrative expenses paid from estate funds.
• Tax returns filed on behalf of the decedent or estate and any tax-related correspondence.
• Attorney and fiduciary fee statements and contracts.

When to get a lawyer

If the personal representative refuses to provide basic records, the accounting shows unexplained losses, the fiduciary is a business partner or family member with potential conflicts, or you anticipate a contested surcharge or removal, consult a probate attorney. A lawyer can draft the petition, represent you at hearing, subpoena records, and advise about remedies including surcharge, removal, or litigation against the fiduciary.

Helpful Hints

• Keep your requests in writing and document every communication.
• Start with a polite written demand for records before filing with the court; many disputes resolve informally.
• Check the probate case docket at the county clerk’s office for existing inventories and accountings before filing a petition.
• Gather your own proof of interest: copy of the will (if any), death certificate, and documents showing you are an heir or beneficiary.
• Understand timelines: probate administration and accountings can take months; a court-compelled accounting may add time but is the route when records are missing or suspect.
• Ask the court clerk for local rules and form requirements—counties can vary in form and procedure.
• If costs of forcing an accounting exceed estate value, weigh the benefit of legal action versus informal negotiation.

Disclaimer: This article explains general principles of West Virginia probate practice and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific case, consult a licensed West Virginia probate attorney or contact the probate court where the estate is open.