Understanding Your Rights When a Personal Representative Sends an Unexplained Payment

Short answer: Under Indiana probate law you can ask the personal representative for a written accounting and supporting documents. If the personal representative refuses or the answer appears incomplete or incorrect, you can ask the probate court to compel a formal accounting, review distributions, and, if necessary, seek surcharge or removal of the personal representative. See Indiana Code Title 29 for probate duties and accounting requirements: https://iga.in.gov/laws/2024/ic/titles/29.

Detailed answer — what to know and what to do

1. What the personal representative is generally required to do

A personal representative (also called an executor or administrator) must collect the estate’s assets, pay valid debts and expenses, and distribute the remaining property according to the will or Indiana intestacy rules. Beneficiaries have the right to information about distributions and how the personal representative reached the amounts they paid.

Indiana’s probate laws (Title 29) set out the duties, powers, and court supervision of fiduciaries. For a clear statement of statutory provisions governing probate administration and settlement, see: Indiana Code Title 29.

2. Documents you can and should request

If you receive a payment with no explanation, request these items in writing:

Copy of the decedent’s will (if any) and any codicils.
Copy of the court’s appointment order or letters testamentary/administration.
Inventory of estate assets (showing values) and any appraisals.
List of creditor claims filed and how they were resolved.
Itemized accounting or ledger showing receipts, disbursements, fees, taxes, and the calculation used to reach your payment.
Copies of paid invoices (funeral, medical, taxes), checks, and bank records supporting disbursements.
Any proposed or approved final distribution schedule or settlement statement.

3. How to make the request

Send a written demand for an accounting and the documents above. Use certified mail or another trackable method so you have proof of delivery. Keep a copy of your request and any responses.

4. If the personal representative responds but the math or choices look wrong

Review the accounting against the will or intestacy rules. Common reasons distributions change from a simple pro rata share include:

Payment of valid creditor claims and funeral expenses.
Estate- or income-tax liabilities or tax withholdings.
Reasonable fiduciary and attorney fees approved by the court or allowed by the will.
Specific gifts, exempt property allowances, or family allowances.
Offsets for loans or advances the decedent made to beneficiaries during life.

If you disagree with how an item was handled (for example, a disputed creditor payment or an unexplained fee), ask for supporting bills and the legal basis for the deduction.

5. If the personal representative refuses to provide records or the answer is inadequate

You can ask the probate court to intervene. Typical court actions include:

Filing a petition to compel an accounting or production of estate records.
Filing objections to the proposed final settlement or distribution.
Requesting the court to surcharge (financially penalize) a personal representative for improper conduct or mismanagement.
Petitioning for removal of the personal representative for cause (e.g., mismanagement or breach of fiduciary duty).

The probate clerk can tell you the local filing steps and fees. If you ask the court to act, prepare copies of your written requests and any responses from the personal representative to show you tried to resolve the issue first.

6. Practical example (hypothetical)

Suppose you are entitled to a one-quarter share under the will, but the personal representative sends you $7,500 with no explanation. You request a written accounting. The representative provides an accounting showing the estate grossed $50,000, paid $10,000 in funeral and medical bills, $2,500 in taxes, and $5,000 in attorney fees and costs, leaving $32,500 to distribute. A one-quarter share of $32,500 equals $8,125, not $7,500. You can then ask for the documents supporting the listed expenses and the fees. If the representative cannot justify or document the difference, you can petition the court to require a corrected accounting and distribution.

Procedural notes and timeline

Timing can vary. Some personal representatives provide informal accountings early. Others wait until they file a final account with the court. If your rights are time sensitive (for example, a final accounting is pending approval), act quickly and consult the clerk about upcoming hearing dates so you can file objections before the court approves the accounts.

When to get a lawyer

Consider hiring a probate lawyer if:

The personal representative fails to cooperate or refuses to provide records.
Large sums, complex assets, or disputed claims are involved.
You plan to ask the court to surcharge or remove the personal representative.

Helpful Hints

Ask first in writing. A clear written request creates a record that helps if you later go to court.
Keep copies of all correspondence, checks, and notices you receive.
Request a formal accounting if you are not satisfied with an informal response.
Ask for supporting invoices, bank statements, and receipts for any disbursement that reduced the distributable estate.
Be specific in your demand — ask for the formula used to compute your share, the amounts deducted, and legal bases for fees and expenses.
Contact the probate clerk’s office for filing information and local procedures for petitions and objections.
Consider mediation or settlement discussions before filing a court action to save time and cost.

Important: This page explains general procedures under Indiana probate law and points you to resources. It is not legal advice. For advice about a particular situation, talk to a licensed Indiana probate attorney who can review the will, accountings, and local court rules.