What can I do if the personal representative sends me a payment without explaining how he calculated my share of the estate? (KS) | Kansas Probate | FastCounsel
KS Kansas

What can I do if the personal representative sends me a payment without explaining how he calculated my share of the estate? (KS)

What to do if a personal representative sends a payment without explaining how your share was calculated (Kansas)

Short answer: In Kansas you can and should ask the personal representative (PR) for a written explanation and supporting documents showing how your distribution was calculated. If the PR refuses, Kansas probate law gives beneficiaries tools to demand an accounting from the PR and to ask the probate court to resolve disputes. This article explains practical steps, what documents to request, and when to involve the court or an attorney.

Detailed Answer — your rights and steps under Kansas law

1. Understand the PR’s role and your rights. A personal representative (also called executor or administrator) manages estate assets, pays valid debts and expenses, and distributes what remains to beneficiaries according to the will or Kansas intestacy rules. As a beneficiary, you have the right to information about estate administration and to a clear accounting showing how any payment to you was computed.

2. Ask for an explanation and supporting documents (informal first step). Start with a polite written request to the PR asking that they provide:

  • A copy of the will (if any) and any codicils.
  • The estate inventory and appraisement (assets and values used).
  • A copy of the PR’s accounting or a written calculation showing how your share was determined (including any debts, expenses, taxes, administrative fees, loans, reimbursements, or advances deducted).
  • Copies of relevant bank statements, sale receipts, and invoices if they affect your amount.

Many disputes resolve once the beneficiary sees the details. Put the request in writing and keep a copy.

3. Know when a formal accounting is available. If the PR does not provide a satisfactory explanation, Kansas probate law allows beneficiaries to obtain formal accountings and ask the court to compel the PR to produce records. Probate practice and procedures for inventories, accountings and court supervision are found in the Kansas Probate Code (Kansas Statutes, Chapter 59). See the Kansas Probate Code for governing provisions: https://www.ksrevisor.org/statutes/chapters/ch59.html

4. When to ask the court for help. If informal requests fail, you can ask the probate court to order the PR to file a formal accounting or to produce records. Remedies available through the court may include:

  • An order compelling the PR to file a full accounting and to produce supporting documents to you and the court.
  • A hearing to review the accounting and to question the PR under oath.
  • Removal of the PR in serious cases of misconduct, self-dealing, or gross mismanagement.
  • A money judgment or surcharge if the PR improperly withheld funds or misapplied estate property.

Exact procedures vary by county and by the stage of probate administration. The probate court that is handling the estate supervises the PR and enforces fiduciary duties.

5. Consider timing and practical factors. In many estates, distributions happen only after debts, taxes and expenses are paid. The PR may have withheld some funds because of unpaid claims, taxes, or potential creditor claims. That is sometimes legitimate, but the PR must be able to document the reason for any deduction. If you suspect an improper deduction (for example, excessive fees or a self-dealing transaction), demand the documents and consider a court petition.

6. When to hire an attorney. If the PR refuses to produce records, you believe the accounting is wrong, or the amount withheld is substantial, consult an attorney experienced in Kansas probate law. An attorney can:

  • Advise whether the PR complied with Kansas probate rules and fiduciary duties.
  • Draft a formal demand for accounting and supporting documents.
  • File a petition in probate court to compel production, request an accounting, or seek removal or surcharge if necessary.

Sample written request you can send to the personal representative

Use this as a short template. Keep it factual and polite. Send by certified mail if you want proof of delivery.

Dear [Personal Representative name],

I am a beneficiary of the estate of [decedent’s name]. On [date] I received a payment of $[amount]. Please provide, in writing, an itemized explanation showing how this payment was calculated and copies of the documents that support the calculation, including the estate inventory, statements of account, receipts for any expenses or distributions charged against my share, and the court-filed accounting (if one exists).

Please provide these materials within 14 days. If you do not provide these records, I may request the probate court to compel an accounting.

Sincerely,

[Your name/contact]

Relevant Kansas law and resources

  • Kansas Probate Code (Kansas Statutes, Chapter 59) — general rules on probate administration and fiduciary duties: https://www.ksrevisor.org/statutes/chapters/ch59.html
  • Kansas Judicial Branch — probate forms and local court information (useful for filing petitions and finding local procedures): https://www.kscourts.org

Helpful Hints

  • Always request information in writing and keep copies of all communications.
  • Ask for specific documents: the will, inventory, itemized accounting, bank statements, receipts, invoices, and any written agreements about advances or loans to beneficiaries.
  • Be aware that administrators sometimes hold back funds temporarily for estate expenses or taxes — ask for documentation of the reason for any holdback.
  • If the PR is charging fees, ask how fees were calculated and whether the court approved them.
  • If you are concerned about self-dealing (the PR transacting with the estate for personal benefit), move quickly: courts treat self-dealing seriously and may impose remedies including removal and surcharge.
  • If the estate is small and the PR is cooperative, a simple mediation or neutral accountant review can resolve disputes faster and cheaper than full court litigation.
  • Contact the probate clerk at the court handling the estate for guidance on filing a petition or motion — clerks can explain filing procedures but cannot give legal advice.
  • Consult a Kansas probate attorney before filing court actions if the issue is complex or the amount in dispute is large. An attorney will identify deadlines, procedural requirements, and likely costs.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney–client relationship. For advice about your specific situation, consult a licensed attorney in Kansas.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.