FAQ: Your Options When a California Personal Representative Sends a Payment Without Explaining the Calculation

Short answer: In California you have the right to ask the personal representative (executor/administrator) for a written accounting and an explanation of how your share was calculated. If the representative refuses or the explanation seems incomplete or incorrect, you can demand more information in writing, request a court‑ordered accounting, and — if there is misconduct — ask the probate court for remedies such as surcharge or removal. This is general information, not legal advice.

Detailed answer

When someone is appointed as a personal representative in a California probate case, that person acts as a fiduciary for the estate and for the estate’s beneficiaries. As a fiduciary the personal representative must act in the best interest of the estate, preserve estate assets, pay valid debts and taxes, and distribute the remainder according to the will or California law.

If the personal representative sends you a payment but does not explain how your share was calculated, consider these points and steps.

1) What you may be entitled to receive

• A copy of the will (if there is one) and any codicils, or notice that there was no will.
• Information about the estate inventory and appraisal, income and expenses paid by the estate, and what claims or debts the personal representative paid or intends to pay.
• A written accounting or distribution statement that shows how the estate’s assets were collected, debts and taxes were paid, administrative expenses and fees, and how the distributable balance was allocated to beneficiaries.

2) How to request an explanation

1. Ask first informally. Contact the personal representative and request a written explanation and copies of the documents used to calculate your payment (inventory, receipts, ledger or accounting entries, invoices, proof of debt payments, and the distribution worksheet).
2. Make the request in writing. Send a short, professional letter or email stating that you received a payment, you need a breakdown showing how the payment was calculated, and you request copies of the estate’s inventory/accounting and supporting records. Keep copies of your correspondence.

3) If you don’t get sufficient information — next steps

• Formally demand an accounting. Beneficiaries may request a formal accounting from the personal representative. If the representative refuses or provides an inadequate accounting, you can ask the probate court to compel an accounting.
• File a petition in probate court. California probate procedure allows interested persons (beneficiaries, heirs, creditors) to petition the court for an order requiring the personal representative to file a formal account and to justify distributions and fees. The court can require a detailed accounting, examine supporting records, and resolve disputes.
• Seek remedies for misconduct. If the personal representative has misapplied estate property, made improper distributions, charged unreasonable fees, or otherwise breached fiduciary duties, the court can order surcharge (monetary liability), removal of the personal representative, or other relief.

4) Practical evidence to request or review

• Letters testamentary or letters of administration (proof the representative is appointed).
• Inventory and appraisal of estate assets.
• All bank statements for estate accounts from appointment to date.
• Copies of bills paid, cancelled checks, receipts, invoices, and tax filings paid from the estate.
• Computation showing net estate, expenses, fees, debts, taxes and how distributions were allocated to each beneficiary.

5) Timing and costs

Asking for records and an accounting is often free for you, but if you must go to court, there are filing fees and possibly attorney fees. The probate court will set hearing dates and require formal pleadings. Courts encourage beneficiaries to try to resolve disputes informally first, but the court is available if you cannot resolve the problem.

6) When to talk to an attorney

If the accounting you receive looks incorrect, if there are unexplained or suspicious transactions, if the personal representative refuses to produce documents, or if the representative has a conflict of interest, consult a probate attorney. An attorney can review records, send formal demands, prepare a petition for accounting, and represent you at a court hearing.

Where to find the law and forms in California

• California Courts — Self‑help: Probate information and forms: https://www.courts.ca.gov/selfhelp-probate.htm
• California Legislature — Probate Code (searchable): https://leginfo.legislature.ca.gov/faces/codes.xhtml (search for provisions on accountings, fiduciary duties, and petitions to compel accountings)

Helpful Hints

• Always make requests in writing and keep copies. Written correspondence creates a paper trail if court action becomes necessary.
• Be specific in your request: ask for the distribution worksheet, ledger entries, and copies of any documents relied on to calculate your share.
• Be courteous but firm. Many conflicts resolve once beneficiaries see the records and understand the math.
• If you accept a payment before contesting it, consider whether accepting it could be treated as a release or waiver — get legal advice if you plan to accept payment but reserve rights to more later.
• Check whether the estate has filed an inventory and appraisal or other court filings. If the probate case is open, you can review court‑filed documents at the clerk’s office or via the court’s online portal.
• Document suspicious items (large unexplained payments, transfers to the personal representative, missing receipts) and share them with an attorney if you proceed to court.

Disclaimer: This article provides general information about California probate practice and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed California probate attorney.