What can I do if the personal representative sends me a payment without explaining how he calculated my share of the estate? (Alaska, AK) | Alaska Probate | FastCounsel
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What can I do if the personal representative sends me a payment without explaining how he calculated my share of the estate? (Alaska, AK)

How to respond when you receive a distribution with no explanation under Alaska law

Clear steps you can take if the estate’s personal representative sends you money but does not explain how your share was calculated. Practical actions, legal options, and resources under Alaska probate law.

Detailed answer — what your rights are and what to do next

If a personal representative (also called an executor or administrator) gives you a payment from an estate without an itemized explanation, you have rights under Alaska probate law. The personal representative owes beneficiaries and heirs fiduciary duties that include preparing and providing information about the estate, an inventory of assets, and an accounting of receipts, payments, expenses, debts, and distributions. You can and should ask for a written accounting and supporting documents and, if needed, ask the probate court to require the accounting or otherwise intervene.

Step 1 — Ask for a clear, written accounting

Start by asking the personal representative in writing for:

  • An itemized accounting showing how the distribution was calculated (assets sold or valued, debts and expenses paid, taxes, fees, funeral costs, creditor claims, and the exact formula used to compute your share).
  • A copy of the estate inventory/valuation and any appraisals relied on.
  • Copies of paid invoices, receipts, bank statements, and the estate’s schedule of claims and payments.
  • A copy of the will (if any) and the court’s order appointing the personal representative.

Make the request in writing and keep a dated copy. A clear, polite demand letter often resolves the issue quickly.

Step 2 — Review what you receive

When you get documents, check for:

  • Proper identification of estate assets and liabilities.
  • Accurate credits for expenses and creditor payouts.
  • Whether distributions follow the will’s terms or the intestacy rules if there is no will.
  • Any unusual or non-routine payments to the personal representative (e.g., large fees, transfers to third parties).

Step 3 — If the representative won’t explain, ask the court to compel an accounting

Under Alaska probate procedure, beneficiaries and interested parties can petition the probate court for an order compelling an accounting or requiring the personal representative to provide further information. The Alaska court system explains probate administration and the duties of personal representatives here: Alaska Courts — Probate. For statutory guidance, see Alaska Statutes, Title 13 (Probate, Estates, and Protective Proceedings): AS Title 13.

Step 4 — Possible court remedies

If the accounting shows errors, unfair charges, undisclosed transactions, or misconduct, the court can:

  • Order a corrected accounting.
  • Surcharge the personal representative (require repayment for losses caused by breach of duty).
  • Remove the personal representative for misconduct or failure to perform duties.
  • Order repayment or adjustment of distributions.

Step 5 — Consider negotiation or mediation

Many probate disputes are resolved without a full evidentiary hearing. If the PR provides partial information, consider a mediation or settlement conference facilitated by attorneys or the court before filing a formal contest.

When to get a lawyer

Talk to a probate attorney if:

  • The personal representative ignores reasonable written requests for documentation.
  • The accounting reveals suspicious or unexplained transactions, self-dealing, or large fees.
  • You need to file a petition in court to compel an accounting, seek surcharge, or request removal of the PR.

An attorney can help prepare a formal petition, file supporting affidavits, and represent you at hearings.

What an estate accounting should include (quick checklist)

  • List of estate assets and values at date of death.
  • Receipts and deposits for all estate income and asset sales.
  • Itemized creditor claims paid and unpaid.
  • Funeral and administration expenses.
  • Taxes or tax estimates and refunds claimed.
  • Personal representative’s fees and attorney fees claimed, with billing records.
  • Calculation showing how each beneficiary’s share was determined.

How to word a short written request

Use a clear, concise format. Example (short):

“Please provide a written itemized accounting showing how the payment I received was calculated, including copies of the estate inventory, appraisals relied on, paid invoices/receipts, and the calculation used to determine my share.”

Send by certified mail or email with read receipt and keep copies.

Helpful hints

  • Document everything: keep copies of letters, emails, receipts, and any responses.
  • Set a reasonable deadline in your written request (commonly 14–30 days).
  • Request specific documents (inventory, appraisals, invoices) rather than vague statements.
  • If you receive a partial accounting, follow up quickly to close gaps.
  • If the estate is small, ask whether small-estate procedures apply; they can simplify administration.
  • Look up the estate case number at the local probate court to review filed inventories, accountings, and orders.
  • Consider mediation if relationships among heirs are otherwise salvageable.
  • Consult a probate attorney early if you suspect misconduct or complex tax/asset issues.

Resources

Disclaimer: This article explains general information about Alaska probate law and practical steps you can take. It is not legal advice and does not create an attorney–client relationship. For advice about your specific situation, consult a licensed Alaska attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.