Can I challenge a final accounting filed by my sibling if I never received notice? (Kentucky)

Short answer: Possibly. Under Kentucky probate law you have tools to challenge a final accounting or the distributions made by an executor/administrator if you were entitled to notice and did not receive it. The most practical first steps are: obtain the probate file, confirm whether the court-approved accounting and distributions occurred, check the record for proof of notice, and promptly contact a Kentucky probate attorney to preserve your rights. This is general information and is not legal advice.

Disclaimer

This article explains common Kentucky probate procedures and options but is not legal advice. Probate rules vary by county and courts may treat cases differently. Consult a Kentucky probate attorney about your specific situation.

How Kentucky probate works — basics you need to know

Kentucky handles wills, administration, inventories, accountings, and distributions under the probate statutes (the Probate Code). The appointed executor (personal representative) must file inventories and accountings with the court and obtain the court’s approval before making distributions. Beneficiaries and heirs normally must receive notice of certain probate events (for example, appointment of a personal representative, filing of a final account, and hearings).

For an overview of Kentucky’s probate statutes, see KRS Chapter 395 (Probate Code): KRS Chapter 395 (Kentucky).

Step-by-step: What to do if you received no notice

1. Get the probate file and review the court record

Go to the county Circuit Court where your parent’s estate was opened and ask the clerk for the estate file (often called the estate or probate docket). You can request certified copies of the will (if any), appointment order, inventory, accountings, proof of service or mailing, and the final order or decree.
Look specifically for any proof of notice or proof of mailing to heirs/beneficiaries. Courts often require the personal representative to file proof that required notice was mailed or published.

2. Confirm whether you were an heir or entitled beneficiary

If your parent left a will, beneficiaries named in the will normally must be given notice. If there was no will (intestate), heirs-at-law are typically entitled to notice of administration and distributions.
If you believe you should have received notice (as a listed beneficiary, heir, or known creditor), that will help your case if notice was not given.

3. Act quickly — preserve your rights

Probate matters may have strict deadlines for filing objections to accountings or for asserting claims. If the estate has already been closed and assets distributed, you should move quickly to avoid arguments that you waited too long. Even if the deadline has passed, a lack of notice can be a basis to reopen an estate for lack of due process.

4. File an objection or a motion to reopen the estate

If the final accounting is filed but not yet approved by the court, you can file written objections (often called exceptions) to items in the accounting and ask for a hearing.
If the estate has been closed and you were not given notice, many courts permit you to petition the court to set aside the final order, reopen the estate, or set aside distributions on equitable grounds because you were denied required notice. Your petition must explain that you did not receive notice and show why reopening is necessary to protect your rights.

5. Ask the court for relief and preservation orders

You can ask the court to: (a) require the personal representative to produce a full accounting and supporting records; (b) freeze or recover wrongly distributed assets (temporary injunction or turnover); (c) surcharge the personal representative for mismanagement; or (d) remove and replace the personal representative if they failed in their duties.
Courts have equitable power to correct distributions made without proper notice, especially when doing so protects the due process rights of heirs and beneficiaries.

6. Gather evidence showing you received no notice

Your written communications (emails, texts) showing no contact about the estate.
Copies of mailings or proof that the personal representative had your correct address but did not mail notices.
Affidavits from family members or postal records showing you did not receive required mailings.

7. Consider claims against the personal representative

If the personal representative distributed assets without authority, made distributions to wrong people, or committed accounting errors or self-dealing, you may have a claim for breach of fiduciary duty. Remedies can include surcharge (monetary recovery), removal, or an order requiring restitution.

What you can reasonably expect the court to do

Require a full accounting and supporting documents.
Reopen the estate if lack of notice led to deprivation of your rights.
Surcharge or remove a personal representative who failed in duties or concealed distributions.
Order recovery of distributed assets where possible or order equitable adjustments to distributions among heirs and beneficiaries.

Practical timeline considerations

Deadlines vary by county and by what action you ask the court to take. If you only just discovered distributions, acting within days or weeks is better than months. If the estate was closed years ago, relief is still possible but becomes harder; courts weigh prejudice to the parties and the reasons for the delay.

Where to look in Kentucky law and court resources

Kentucky Probate Code (Chapter 395) — general rules for administration, accountings, and probate practice: KRS Chapter 395.
Kentucky Court of Justice — local court contacts and clerk information (for requesting probate files and forms): courts.ky.gov.

Helpful hints — quick checklist

Request the probate file immediately from the county where the estate was opened. Ask for the docket, proofs of notice, inventory, accountings, and any final order.
Check whether the personal representative filed a proof of mailing or published notice in the newspaper (required in some cases).
Make written notes of when and how you learned of the estate and any communications with your sibling or the personal representative.
Collect evidence of your address at the time of probate (to prove you should have been mailed notice).
Do not sign releases or accept distributions without speaking to an attorney if you plan to contest anything.
Talk to a Kentucky probate attorney quickly; many attorneys will evaluate whether you have grounds to reopen and will preserve claims while you gather evidence.
If assets were distributed, ask the court for temporary relief to preserve assets until the dispute resolves.

Finding a probate attorney in Kentucky

Search for lawyers who handle probate and estate litigation in the county where the estate was probated. Look for attorneys with experience filing objections, petitions to reopen estates, and fiduciary-duty claims. If cost is a concern, some attorneys offer limited-scope consultations or initial case evaluations.

Final notes

If you were entitled to notice and did not receive it, Kentucky courts can provide meaningful remedies including reopening the estate, ordering a new accounting, recovering improperly distributed assets, or holding the personal representative accountable. Time matters — act promptly to review the probate file and consult a local probate attorney.

Again, this is educational information and not legal advice. For advice tailored to your situation, consult a licensed Kentucky attorney who handles probate matters.