Can I ask the court to demand an accounting of all estate assets and transactions during probate?

Short answer: Yes. Under Idaho probate law, interested persons can ask the court to require the personal representative (executor or administrator) to provide an accounting of estate assets, receipts, disbursements, and transactions. The court has authority to order inventories and formal accountings, review the representative’s records, and require remedies if the accounting shows mismanagement.

Detailed Answer — What Idaho law lets you request and what to expect

Idaho’s probate statutes (Title 15 of the Idaho Code) set the framework for probate administration, including the duties of a personal representative to collect assets, preserve estate property, and report to the court and interested persons. The statutes and court rules allow the filing of inventories and accountings and give the court power to require review or supplemental reports when necessary. For the text and organization of these rules, see Idaho Code, Title 15: https://legislature.idaho.gov/statutesrules/idstat/Title15/.

Key points about asking for an accounting in Idaho:

Who may ask: “Interested persons”—typically beneficiaries, heirs, creditors with allowed claims, and others with standing—may request an accounting or petition the court to compel one.
What the accounting should show: A full accounting usually includes an inventory of assets at appointment, subsequent receipts (funds or property that came into the estate), distributions and payments (debts, expenses, taxes, attorney and personal representative fees), transactions (sales, investments, transfers), and the current status of remaining assets.
When required: The personal representative must file inventories and periodic or final accountings as required by statute or by court order. Even if the representative has not filed one voluntarily, the court can order an accounting when a petition is filed.
How to request it: You typically file a written petition or motion with the probate court handling the estate (often called a Petition to Compel Accounting, Petition for Settlement of Account, or Motion for an Accounting). The petition should identify the estate, explain your status as an interested person, and state the relief you seek (e.g., order requiring the representative to file an inventory and a verified accounting). Local court rules or probate rules will specify required forms and service procedures.
Court review: After an accounting is filed, the court may schedule a hearing to review the account, allow objections by interested persons, and approve or require adjustments. If the accounting reveals wrongdoing, the court may order surcharge (financial penalty), removal of the personal representative, or other relief.

Typical process and practical steps

Confirm you have standing (you are a beneficiary, heir, or otherwise an interested person under Idaho law).
Ask the personal representative informally for an accounting and supporting documents (inventory, bank statements, receipts). Idaho law encourages transparency, and many issues resolve without court action.
If informal efforts fail, prepare a written petition or motion and file it in the probate court where the estate is open. Explain what you seek and why. Check the probate court’s local rules and required forms.
Serve the personal representative and other interested persons according to Idaho rules so they have a chance to respond.
Attend the hearing. The court may order the representative to produce a verified accounting and supporting documentation within a set time. The court can also resolve disputes about fees, improper transactions, or missing assets.

Possible outcomes and remedies

The court orders the representative to file a full accounting and may set a hearing date for settlement of the account.
If the accounting is accurate and complete, the court approves it and authorizes distributions consistent with the order.
If the accounting shows mistakes, omissions, or improper transactions, the court can require corrections, surcharge the representative for losses, or remove the representative for breach of fiduciary duty.
If evidence suggests criminal conduct (theft, fraud), the court can refer the matter to law enforcement or a prosecutor.

How to draft a petition — practical content to include

When you prepare a petition to compel an accounting, your filing should:

Identify the estate (decedent’s name and probate case number if known).
State your relationship to the estate (beneficiary, heir, creditor) and why you have standing.
Summarize prior requests you made (dates and responses) and why an accounting is needed now.
Ask the court to order a verified accounting and specify any documents you want (inventory, bank statements, contracts, receipts, tax returns, fee agreements).
Request a hearing date or an order setting deadlines and permitting objections and discovery if needed.

Where to find Idaho probate forms and local rules

Many Idaho courts provide probate forms and instructions on local court websites or through the Idaho Supreme Court assistance pages. Check the probate clerk in the county where the estate is being administered for filing requirements and fee schedules. For statutory background, see Idaho Code, Title 15: https://legislature.idaho.gov/statutesrules/idstat/Title15/.

When to consult an attorney

If the accounting is incomplete, you suspect theft or serious mismanagement, or you expect complex litigation (claims, surcharge actions, removal of a fiduciary), consult an attorney who handles probate matters in Idaho. An attorney can help prepare a petition that complies with local rules, request discovery, and represent you at hearings.

Disclaimer

This article explains general principles of Idaho probate law for educational purposes only. It is not legal advice and does not establish an attorney-client relationship. You should consult a licensed Idaho attorney for advice about your specific situation.

Helpful Hints

Start by asking the personal representative for the inventory and a written accounting; courts favor early resolution.
Keep written records of your requests (emails, letters) to show the court you attempted to resolve the issue informally.
Be specific in your petition—describe the transactions or gaps that concern you rather than making general accusations.
Request only what you need first (an inventory or interim accounting) before escalating to full forensic review unless theft is suspected.
Understand that compelling an accounting may generate attorney and court costs; weigh the likely benefit before filing contested motions.
If you find evidence of criminal acts, preserve documents and consider contacting law enforcement after consulting counsel.
Check local court rules for form names and filing procedures; some counties provide standard probate accounting forms or instructions.
If the representative is a professional fiduciary or a lawyer, ask for fee agreements and billing records early in the process.