What to do if you discover problems in an approved probate accounting more than a year after approval

Short answer: In Utah you can sometimes challenge an approved estate accounting even after a year, but your options are limited and time-sensitive. Common pathways include asking the probate court to reopen or set aside the approval for fraud, mistake, lack of proper notice, or newly discovered evidence; filing a separate civil action against the personal representative for breach of fiduciary duty or for an accounting; or seeking surcharge or removal of the personal representative. The sooner you act, the better your chances. This article explains the typical steps, the legal bases courts consider, and practical guidance on next steps under Utah law.

Disclaimer: This is general information and not legal advice. For specific guidance about your case, consult a licensed Utah attorney.

Detailed answer — overview of the legal landscape in Utah

Probate in Utah is governed by Title 75 of the Utah Code (probate, trusts, and fiduciaries). The probate court supervises the personal representative (executor or administrator) and approves accountings the representative files. When the court approves a final accounting and enters a closing order, that approval carries weight. Still, Utah law permits relief in certain situations after an order is entered.

Key legal routes to challenge or reopen an approved accounting more than a year after approval include:

• Petition to reopen or set aside the probate court’s order for reasons such as fraud, misrepresentation, or clerical mistake;
• Motion for relief from judgment under Utah civil procedure rules (grounds often include fraud, newly discovered evidence, or excusable neglect);
• Filing a separate civil claim against the personal representative for breach of fiduciary duty, conversion, or surcharge to recover losses caused by misconduct;
• Seeking equitable relief if the estate was closed without proper notice to interested parties or if the representative concealed information.

Relevant Utah resources:

• Utah Code, Title 75 (probate and fiduciary law): https://le.utah.gov/xcode/Title75/
• Utah Courts — probate how-to and procedures: https://www.utcourts.gov/howto/probate/
• Utah Rules of Civil Procedure (for relief from judgment procedures): https://www.utcourts.gov/resources/rules/urcp/

Typical factual example (hypothetical)

Suppose the court approved a final accounting 14 months ago. You are an interested beneficiary who recently discovered that the personal representative sold a parcel of estate land at a steep discount to a relative and did not disclose the transaction in the accounting. You had personal reasons that prevented you from discovering the sale earlier. Under these facts you might seek to reopen the accounting or sue the personal representative for breach of fiduciary duty and seek surcharge (money to compensate the estate) and removal of the representative.

How to contest or seek relief step-by-step

1. Get the records. Obtain certified copies of the final accounting, the court’s approval order, probate file entries, and any notices the court sent.
2. Identify the legal basis for relief. Common bases: fraud, concealment, material mistake, newly discovered evidence, lack of notice, or breach of fiduciary duty by the personal representative.
3. Check procedural rules and timelines. While some motions or actions can occur after a year, courts usually require promptness once a problem is discovered. Relief under rules for setting aside judgments typically asks why you waited and whether there is a meritorious defense or claim.
4. File the appropriate pleading. Options include a motion to set aside or reopen the probate order; a motion for relief from judgment under the Utah civil rules; or a new civil complaint against the personal representative seeking damages, surcharge, and other remedies.
5. Ask for interim relief, if needed. If assets are at risk (e.g., estate funds already distributed), ask the court for emergency measures such as a temporary halt to distributions or an order to preserve assets.
6. Prepare evidence. Gather documents, bank records, appraisals, witness statements, and proof of notice failures or concealment to support your claim.
7. Attend hearings and be ready for discovery. The court will weigh promptness, the seriousness of the misconduct alleged, and prejudice to other parties.

What the court considers when deciding late challenges

Utah courts balance several factors:

• Was there proper notice to all interested parties before the accounting was approved?
• Did the moving party act promptly after discovering the issue?
• Is there credible evidence of fraud, concealment, or a material mistake in the original accounting?
• Would reopening the estate unfairly prejudice innocent parties who relied on the final order?

Possible remedies a court may grant

• Reopening the estate and ordering a supplemental or corrected accounting;
• Surcharge (monetary recovery) against the personal representative for losses caused by misconduct;
• Removal and replacement of the personal representative;
• Restitution, disgorgement, or ordering return of improperly distributed assets;
• Denying relief if the court finds the challenge untimely or unsupported.

Practical limits and timing

Time limits vary depending on the legal theory. Courts are more willing to reopen final actions for proven fraud, lack of notice, or newly discovered evidence that could not reasonably have been found earlier. If the problem is simply that you wish for a different distribution, courts are less likely to upset an older final order. Because deadlines and evidentiary standards differ by claim, you should act quickly and consult an attorney to preserve rights and evidence.

When to hire an attorney

Hire an attorney if any of the following apply:

• The alleged misconduct involves large assets, suspicious transactions, or potential criminal conduct;
• Multiple beneficiaries disagree and litigation appears likely;
• You need emergency relief to preserve estate assets;
• You are unsure which procedural vehicle (reopen probate vs. separate civil action) is best.

Helpful hints

• Act quickly once you discover a problem. Courts expect promptness after discovery of the issue.
• Obtain certified court records and the full accounting before deciding next steps.
• Keep evidence safe — bank statements, communications, appraisals, and witness contacts are critical.
• Document when and how you learned of the misconduct to explain any delay in challenging the accounting.
• Consider alternative dispute resolution (mediation) if relationships among beneficiaries are important and assets are divisible.
• Ask the court for asset-preservation orders if distribution is ongoing or assets may be dissipated.
• Consult a Utah probate attorney to evaluate procedural deadlines, potential claims, and likely remedies.

For general background on Utah probate procedure, see the Utah Code governing probate (Title 75): https://le.utah.gov/xcode/Title75/. For procedural rules on relief from judgment, see the Utah Rules of Civil Procedure: https://www.utcourts.gov/resources/rules/urcp/. For practical probate guidance, see the Utah Courts probate how-to pages: https://www.utcourts.gov/howto/probate/.

Next step: If you believe there was fraud, concealment, or major negligence in an approved accounting in Utah, preserve evidence, obtain court records, and contact a Utah probate attorney promptly to discuss reopening the case or filing claims against the personal representative.