What to do if a personal representative in Illinois sends a payment without explaining how they calculated your share

Detailed answer — your rights and practical steps under Illinois law

When a personal representative (also called an executor or administrator) distributes estate funds without explaining how they calculated each beneficiary’s share, you have clear rights under Illinois probate law. The Illinois Probate Act requires the personal representative to collect estate assets, pay valid debts and expenses, keep clear records, and account for their administration to interested persons. If you receive a payment with no breakdown, you can request an accounting and, if necessary, ask the probate court to compel one or to review the distribution.

Key Illinois law reference: the Illinois Probate Act (755 ILCS 5) governs duties and accountings by personal representatives. See the statute collection here: 755 ILCS 5 — Illinois Probate Act of 1975. For court procedures and forms, see the Illinois Courts website: Illinois Courts.

What the personal representative should provide

At a minimum, you may ask for a written accounting that shows how the payment was computed. Typical supporting items include:

An inventory of estate assets the representative collected.
A ledger of receipts and disbursements (what the estate received and what was paid out).
Copies of invoices and receipts for funeral expenses, administration costs, and creditor payments.
Attorney fees and any other professional fees charged to the estate, with explanation of how fees were calculated.
Docs showing how estate taxes (if any) were computed and paid.
The formula used to compute your share (for example, specific gift, percentage of residuary estate, per capita/per stirpes split among beneficiaries).

Step-by-step action plan

Make a written request. Send a concise, written request to the personal representative asking for a full accounting and the documents listed above. Keep a copy and send by certified mail or another method that provides proof of delivery. Example request items: inventory, receipts and disbursements ledger, creditor claims paid, attorney fee statements, and the calculation used to derive your payment.
Check the probate file. Find the estate case in the circuit court where the decedent lived. The court file often already contains an inventory, petitions, accountings, or motions for distribution. You can request copies from the court clerk or review filings in person. See the Illinois Courts website to locate the appropriate circuit court: Find your circuit court.
Evaluate the response. If the representative supplies a clear accounting and it matches the court filings and your expectations, you may accept the payment. If the accounting is incomplete, inconsistent, or missing required entries, move to the next step.
Ask the court to compel an accounting. If the personal representative refuses or provides an insufficient accounting, you can petition the probate court to require a formal accounting or to resolve disputes about distributions. Illinois law provides procedures for interested persons to demand an accounting and for the court to review administration. See 755 ILCS 5 (Probate Act): https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2102&ChapterID=60.
Seek remedies if there is mismanagement. If the accounting shows misappropriation, excessive fees, or improper payments, remedies may include surcharge (monetary recovery), removal of the personal representative, restitution to the estate, or other court orders. The probate court can also order discovery and production of documents and, in extreme cases, refer matters for criminal investigation if theft is indicated.
Act promptly. Estate administration has time limits for certain claims and court actions. Although the specific limitations can vary depending on the claim, you should act as soon as you suspect a problem.
Consider legal help. If the representative resists or the accounting looks wrong, consult an attorney experienced in Illinois probate matters to evaluate the accounting, draft court petitions, and represent you in court.

Short hypothetical example

Hypothetical: an estate has $200,000 in assets after debts. The will calls for the residue to be split equally among three children. The personal representative sends you $50,000 with no explanation. You ask for the estate accounting and receive only an invoice for funeral costs and a vague line item for “administration expenses.” You should request full receipts, the ledger showing payments to creditors, and the calculation showing how the representative subtracted expenses and fees before dividing the residue. If documents remain missing or inconsistent with court filings, petition the probate court to compel a full accounting and to examine the representative’s records.

Practical documents to request (sample checklist)

Inventory and appraisement filed with the court.
Detailed receipts-and-disbursements ledger (sometimes called an account or accounting).
Copies of paid creditor claims and invoices.
Attorney billing statements and a description of tasks performed for the estate.
Tax returns and proof of tax payments related to the estate.
Bank statements and canceled checks used by the personal representative.

When to go to court

Go to court if the personal representative: (1) refuses to provide an accounting after a written request; (2) provides an accounting that omits important information or appears inaccurate; or (3) distributes assets without court approval in cases where court approval is required. Filing a petition in the probate court creates an official record and triggers the court’s power to order production of documents, examine the representative under oath, and correct improper distributions.

Helpful hints

Always make requests in writing and keep copies.
Ask the court clerk for the estate case number if you do not already have it; most filings are public records once probate has opened.
Request a short, clear ledger or worksheet showing how the representative arrived at your payment; this is often enough to resolve simple questions.
If the estate is small or administratively simplified, the representative may have followed a simplified procedure; still ask for supporting documents so the calculation makes sense.
Be polite but firm. Many disputes resolve once the representative provides clear paperwork.
If the representative is also a creditor or stands to gain personally, consider getting counsel early—conflicts of interest can complicate administration.

Where to learn more: review the Illinois Probate Act (755 ILCS 5) at the Illinois General Assembly site: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2102&ChapterID=60, and use the Illinois Courts site to locate the probate court handling the estate: https://www.illinoiscourts.gov/.

Next steps: Start by sending a written request for a full accounting and the supporting documents listed above. If you do not receive an adequate response within a reasonable time, consult a probate attorney to prepare a petition to compel the accounting and protect your rights.

Disclaimer: This article explains general information about Illinois probate procedures only. It does not provide legal advice, create an attorney-client relationship, or replace consultation with a licensed attorney about your specific situation.