How to get a full accounting of estate assets during Kansas probate

Short answer: Yes. Under Kansas probate law a beneficiary, devisee, heir, creditor, or other interested person can request that the court require a personal representative (executor or administrator) to produce a formal accounting of estate assets, transactions, receipts and disbursements. The probate court has authority to order, review and settle accountings and to require accounting records when necessary to protect estate interests. See Kansas Statutes, Chapter 59 (Decedents’ Estates and Trusts): https://www.kslegislature.org/li/b2023_24/statute/059_000_0000_chapter/.

Detailed Answer — what an accounting is and when you can demand one

An accounting is a written, itemized statement that shows the estate’s assets at the start of the reporting period, money or property received by the estate, payments and other distributions the personal representative made, fees and expenses charged to the estate, and the estate’s remaining assets. An accounting explains transactions so the court and interested persons can confirm that the personal representative followed fiduciary duties.

Who may ask for an accounting? In Kansas, interested persons generally include beneficiaries named in the will, heirs entitled by intestacy, and creditors with allowed claims. If you fall in one of these categories, you have standing to seek an accounting from the personal representative or to petition the probate court to require one.

When may you ask? You can ask during administration anytime you reasonably suspect mismanagement, incomplete records, wrongful distributions, or missing assets. You also can demand a final accounting before the court approves distribution and closes the estate. If the administration is unsupervised (many Kansas estates are), the personal representative may not automatically file detailed accounts unless required, so an interested person often must request one or petition the court for supervised administration or for an order compelling a formal account.

How to request an accounting in Kansas (practical steps)

Ask informally first. Send a written request to the personal representative asking for estate records: inventories, bank statements, receipts, sales contracts, bills paid, and a proposed distribution schedule. Keep a copy of your request and any responses.
Review available probate filings. Check the probate file at the county court where the estate was opened. Many filings (letters of appointment, inventories, petitions, and sometimes accounts) are public. This can clarify what has already been filed and what’s missing.
If informal request fails, file a petition with the probate court. Ask the court to compel a formal accounting or to place the estate under supervised administration. In your petition describe why you need an accounting (missing records, unexplained distributions, potential conflicts of interest, etc.). The court will set a hearing and can order the personal representative to file a verified account and supporting records.
Use the accounting hearing to question records. At the hearing you (or your attorney) can object to transactions, ask for explanations, request subpoenas for third-party records, and seek sanctions, surcharge (monetary liability against the personal representative), or removal of the personal representative if you prove breach of duty.
Consider mediation or settlement. Many accounting disputes resolve by agreement after disclosure. The court may encourage or order alternative dispute resolution if appropriate.

What an accounting should include

Beginning inventory and values for estate assets.
All receipts to the estate (sales proceeds, rents, refunds, insurance proceeds, etc.).
All disbursements (debts paid, funeral expenses, taxes, attorney and personal representative fees, transfers, gifts, distributions to beneficiaries).
Itemized fees and costs, with supporting invoices or orders allowing those charges.
Current balance and proposed plan for final distribution.

Potential court outcomes and remedies

The court can order a complete accounting, disallow improper charges, surcharge the personal representative for losses caused by breach of duty, remove the personal representative, or order other relief the court deems appropriate. The court also can approve the accounting if it finds the transactions lawful and reasonable.

Evidence and burden

The personal representative must support the accounting with documentation: receipts, bank records, contracts, invoices, cancelled checks and other records. If the accounting appears incomplete or inaccurate, the interested person challenging it must point to specific concerns; the court then requires proof and explanation from the personal representative.

Costs and timeline

Filing a petition and asking for a formal accounting involves court filing fees and possibly attorney fees. In many cases the court can charge those costs to the estate if the petition proves justified. Time to resolve an accounting dispute varies widely — some matters resolve in weeks, complex disputes can take months or longer if discovery or contested hearings occur.

When to hire an attorney

Consider hiring a probate attorney if the estate involves large assets, complex transactions, suspected self-dealing, unclear records, or if you expect the personal representative will resist disclosure. An attorney can draft the petition, handle discovery, represent you at hearings, and press for remedies like surcharge or removal.

Relevant Kansas law

Kansas probate and fiduciary duties appear in Chapter 59 of the Kansas Statutes. That chapter governs probate administration, inventories and accounts, and the court’s authority over personal representatives. For the statutes and a starting point for specific sections, consult Chapter 59 on the Kansas Legislature website: https://www.kslegislature.org/li/b2023_24/statute/059_000_0000_chapter/.

Helpful Hints

Always make written requests for records and keep copies. Courts favor a paper trail.
Check the probate clerk’s file first — many estate filings are already in the record.
Be specific when you ask the court to compel an accounting. Point to missing items or questionable transactions.
Ask for an accounting before the estate is distributed. Once estate assets are distributed, recovery can be harder.
If cost is a concern, ask the court to charge attorney fees or costs to the estate when your petition proves justified.
If the estate administration is informal and the personal representative is cooperative, you may obtain records without a court motion.
Act quickly on concerns about fraud or theft — prompt action better protects estate assets and evidence.

Disclaimer: This article explains general Kansas probate principles and is for informational purposes only. It does not provide legal advice and does not create an attorney-client relationship. For advice about a specific estate, contact a licensed Kansas probate attorney.