Detailed Answer
When a personal representative (PR) sends a distribution from an estate without explaining how they calculated your share, you have a series of clear, practical steps you can take under Georgia law. The PR owes fiduciary duties: to locate and preserve estate assets, to pay valid debts and taxes, and to distribute the remainder to entitled beneficiaries. Beneficiaries and other interested persons have a right to information about administration and distributions. For the statutory framework, see Georgia Code Title 53 (Probate), which governs administration, accounting, and distributions: O.C.G.A. Title 53 (Probate).
What you are entitled to see
- An inventory or list of estate assets.
- Records of debts, funeral and administrative expenses paid from the estate.
- An accounting showing how the PR calculated distributions (gross estate, debts and expenses subtracted, claimant’s share).
- Copies of the will (if there is one) and any relevant beneficiary designations or trust documents affecting distribution.
Georgia law treats beneficiaries and other interested persons as parties who may petition the probate court to compel accountings or resolve disputes about administration. For general guidance on probate proceedings and what a court can order, see the Georgia Courts resources: Georgia Courts and the statutory provisions in O.C.G.A. Title 53: https://www.legis.ga.gov/georgia-code/title/53.
Practical steps to take now
- Ask for a written explanation and supporting documents. Send a short written request by email and certified mail asking the PR to explain the calculation and to provide copies of the estate inventory, bills paid, receipts, and the calculation worksheet showing how your payment was determined. State you are an interested person and request a response by a reasonable date (e.g., 14–21 days).
- Review the estate papers. If you have access to the will or appointment letters filed at the probate court, review them to confirm your status and any specific distribution language. You can request copies from the probate court clerk if needed.
- Ask for a formal accounting if the informal explanation is insufficient. A formal accounting is a detailed, sworn statement of all receipts, disbursements, and distributions. Request it in writing.
- Keep copies of every communication and the payment you received. Save bank statements, the check or electronic transfer detail, and any letters or emails from the PR.
- Consider a face-to-face or mediator meeting. If the estate and dispute are small, mediation or an in-person meeting can resolve misunderstandings quickly and cheaply.
If the personal representative refuses to explain or produce records
If the PR ignores your written requests or produces insufficient records, you can petition the probate court where the estate is being administered. Typical court remedies in Georgia include compelling an accounting, surcharge for losses caused by improper administration, removal of the PR for cause, and other relief the court finds appropriate. To begin, file a petition asking the probate court to require the PR to file an accounting and to explain the distribution. The court can order document production and hold hearings to resolve disputes. See O.C.G.A. Title 53 for the statutory framework used by Georgia probate courts: https://www.legis.ga.gov/georgia-code/title/53.
When to talk to an attorney
Seek attorney advice if:
- The estate’s accounting is complex (business interests, multiple claims, tax issues).
- The PR refuses to provide records or you suspect mismanagement or self-dealing.
- The amount at issue justifies court action or you expect contested litigation.
An attorney can help you prepare a written demand, file a petition in probate court, and evaluate whether to seek removal or surcharge against the PR.
Typical timeline and costs
Simple information requests often resolve in days to a few weeks. Formal petitions to compel an accounting and resultant hearings can take months and involve court costs and attorney’s fees. Georgia courts may award fees in some circumstances, but outcomes vary.
Helpful Hints
- Always start with a clear, polite written request. Courts look favorably on claimants who attempt to resolve disputes informally.
- Be specific in your request: ask for the inventory, receipts for payments, the calculation worksheet, and the accounting period covered.
- Note deadlines in the probate file (letters testamentary or administration often list the probate court handling the estate). Contact the probate court clerk if you need copies of filings.
- Preserve all evidence: copies of the payment, all communications, and your written requests.
- Consider limited-scope legal help (a one-time consultation or a letter from an attorney) to prompt compliance without full litigation.
- If the PR is also a beneficiary, watch for possible conflicts of interest or self-dealing and document anything that looks like preferential treatment.
- Act promptly. Though not all disputes have hard statutory deadlines, delays can make evidence harder to obtain and complicate remedies.
Where to look for statutes and forms: Start at the official Georgia Code, Title 53 (Probate): https://www.legis.ga.gov/georgia-code/title/53, and the Georgia Courts site for local probate resources: https://georgiacourts.gov/.
Disclaimer: This article is for educational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Georgia attorney who handles probate and estate administration.