Can I contest an estate accounting in Virginia more than a year after the court approved it?

Short answer: It is more difficult to challenge an approved estate accounting after a long delay, but it is sometimes possible. Virginia courts can reopen or set aside an allowance of accounts when there are equitable grounds—for example, fraud, lack of notice, newly discovered evidence, mistake, or other misconduct by the personal representative. The sooner you act after discovering a problem, the better your chances.

Detailed answer — how the process works in Virginia

This section explains, in simple terms, what happens when you want to contest an approved estate accounting in Virginia more than a year after the court signed an order allowing the account.

1. What approval of an account means

When a circuit court receives an executor’s or administrator’s account and enters an order allowing it, that order records the court’s acceptance of the accounting and typically discharges the fiduciary to the extent the court permits. An allowance signals that the court finds the accounting correct unless an interested person timely objects or the court later decides to set it aside for good cause.

2. Why timing matters

Many estate systems encourage prompt objections so estates can close and assets be distributed. If no one objects for a long period, courts treat the allowance as final in most routine situations. That said, finality is not absolute. Virginia law and equity give the court power to revisit prior orders under certain conditions.

3. Grounds for reopening or contesting an account after a year

Common reasons a Virginia court may reopen or set aside an allowance include:

• Fraud, misrepresentation, or concealment by the personal representative;
• Lack of proper notice to interested persons of the accounting or hearing;
• Newly discovered evidence that could not reasonably have been discovered earlier;
• Mistake or clerical error that materially affected the result;
• Breach of fiduciary duty (self-dealing, improper distributions, misappropriation of estate assets) revealed after allowance.

4. Typical procedural steps to challenge an approved accounting

If you discover a problem after the court allowed an account, these are the usual steps you or your lawyer would take:

1. Review the probate file and the court’s order allowing the account. Confirm what was filed and who received notice.
2. Gather evidence (accounting records, bank statements, correspondence, appraisals, transaction histories) and identify the specific errors or misconduct.
3. Determine your legal theory — exceptions to the account, petition to reopen the estate, petition to revoke allowance, or a separate claim against the fiduciary for breach of duty or conversion.
4. Prepare and file a petition or motion with the circuit court that handled the probate, explaining why the court should set aside its prior allowance or otherwise provide relief. Ask for appropriate interim relief if necessary (for example, a temporary restraint on distributions or a bond amendment to protect estate assets).
5. Serve the personal representative and other interested persons in accordance with court rules so the matter can be scheduled for a hearing.
6. Attend the hearing and present evidence. If the court reopens the allowance, the judge may order a new accounting, disgorgement, restitution, surcharge, or other remedies depending on the facts.

5. How courts treat long delays

A long delay after allowance can make a successful challenge harder. Courts balance finality and fairness. If contested only because a beneficiary waited too long without good reason, the court may refuse relief. If there was fraud, concealment, lack of notice, or discovery of key documents late, courts are more willing to reopen matters despite the passage of time.

6. Deadlines and statutes of limitation

Different claims arising out of estate administration carry different time limits under Virginia law (for example, claims based in contract, tort, or breach of fiduciary duty). Those statutes of limitation may run even if the accounting was not timely contested. For an overview of how Virginia handles wills and probate matters, see the Code of Virginia, Title 64.2 (Wills, Trusts, and Fiduciary Relations):
https://law.lis.virginia.gov/vacode/title64.2/.

7. Common remedies courts can order

Depending on the evidence, a Virginia court may:

• Reopen the allowance and order a new or amended accounting;
• Surcharge the fiduciary (financially require the fiduciary to make good losses caused by misconduct);
• Order restitution, removal of the fiduciary, or appointment of a successor fiduciary;
• Freeze remaining estate assets or require additional bond to protect the estate while the dispute is resolved;
• Deny relief if prejudice to other parties or undue delay outweighs the requesting party’s interest.

Hypothetical example

Suppose an executor’s year-two accounting was approved by the circuit court. Two years later a beneficiary discovers bank statements showing the executor paid personal debts with estate funds and concealed the transactions. If the beneficiary can show concealment or fraud and can bring credible evidence, the beneficiary may petition the court to set aside the allowance and seek a surcharge or removal of the executor. If instead the beneficiary simply waited and now objects to routine distributions without new evidence, the court may deny relief because of the long delay.

Practical steps to take right now

1. Request and obtain certified copies of the probate file and the approved account from the circuit court that handled the estate.
2. Preserve all relevant documents and communications; make an organized chronology of transactions you question.
3. Check whether you received notice of the accounting hearing. Lack of notice strengthens the chance to reopen.
4. Talk with a Virginia probate attorney promptly. Time and procedural rules are important; an attorney can identify the best petition to file and applicable deadlines.

Helpful Hints

• Act quickly after discovering a problem. Even if more than a year has passed since allowance, courts are more receptive the sooner you move.
• Document everything. Dates, mailings, copies of notices, and transaction records are key evidence.
• Check whether you received formal notice of the accounting hearing. If you did not, the court may find the allowance voidable for lack of notice.
• Ask the court for interim protections (stay on distributions, an accounting injunction, or additional bond) if you believe estate assets are at risk.
• Understand that each claim (fraud, breach of fiduciary duty, conversion) may have a different statute of limitations — bring potential claims to a lawyer promptly for evaluation.
• Consider settlement. Even after reopening, parties often resolve disputes by negotiated restitution or adjusted distributions rather than lengthy litigation.

Where to look in the statutes

Virginia’s probate and fiduciary rules are primarily in Title 64.2 of the Code of Virginia. For a starting point, consult the Code of Virginia, Title 64.2 (Wills, Trusts, and Fiduciary Relations): https://law.lis.virginia.gov/vacode/title64.2/. For civil procedure and statutes of limitations that may affect claims against fiduciaries, review Title 8.01 (Civil Remedies and Procedure): https://law.lis.virginia.gov/vacode/title8.01/.

Getting help

Probate disputes involve technical pleading and tight procedural rules. If the estate at issue has significant assets or evidence of wrongdoing, consult an attorney experienced in Virginia probate and fiduciary litigation as soon as possible.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation in Virginia, consult a licensed attorney.