Detailed answer — What you can do when a Kentucky personal representative sends a payment but gives no explanation for how your share was calculated
When a personal representative (sometimes called an executor or administrator) sends you money from an estate without explaining how they calculated your share, you have several clear rights and practical steps you can take under Kentucky law. The personal representative is a fiduciary and must administer the estate transparently, reasonably, and in accordance with the decedent’s will (if any) and Kentucky probate law. For an overview of the rules that govern decedents’ estates in Kentucky, see KRS Chapter 395: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=395.
1) Ask for a written explanation and supporting documents (first and easiest step)
Send a clear written request to the personal representative asking for:
- a written explanation of how your payment was calculated;
- a copy of the estate inventory, bank statements showing distributions, and the personal representative’s account (if a formal account has been prepared); and
- copies of any documents the representative relied on (the will, creditor-payment ledger, receipts for estate expenses, and any attorney’s billing that reduced distributable assets).
Ask for a response within a reasonable time (for example, 14 days). Keeping the request in writing creates a record if you need to go to court.
2) Know what the personal representative should have done
Under Kentucky probate practice, a personal representative must collect estate assets, pay valid debts and expenses, prepare an inventory, and distribute the remainder to beneficiaries. Beneficiaries are entitled to information about the administration. If the estate is being probated in court, the personal representative typically files inventories and accounts with the probate court. See KRS Chapter 395 for the statutory framework: KRS Chapter 395.
3) If informal requests don’t work — request a formal accounting or file a petition in probate court
If the personal representative will not provide an explanation or supporting documents, you can ask the probate court to require the representative to file a formal accounting. A formal accounting sets out all receipts, disbursements, fees, and the basis for distributions. In many counties the petition to compel an account is filed in the probate division where the estate is open. The court can order the representative to produce records, explain calculations, and, if necessary, provide an amended distribution.
4) Remedies the court can order
- The court can order the representative to file a complete account or inventory and to explain the computation of distributions.
- If the court finds the representative misused estate property or breached fiduciary duties, it can surcharge the representative (require repayment plus interest), order removal, and award costs and attorney fees to the beneficiary in some cases.
- If there appears to be criminal conduct (theft or conversion), you can also report the matter to local law enforcement while pursuing civil remedies in probate court.
5) Practical evidence and documentation to gather
When you request an explanation or prepare to file a petition, gather and keep the following:
- a copy of the decedent’s will (if there is one) or documentation showing intestate heirs;
- all correspondence and copies of checks or deposit notices you received from the personal representative;
- any prior accountings, probate filings, or inventories you can access through the probate clerk;
- a list of questions about items that reduce the distributable estate (debts paid, funeral expenses, taxes, attorney fees, administration costs); and
- your written request(s) for an explanation and any responses.
6) When to talk to an attorney
If the personal representative refuses to explain the calculation, ignores court requests, or you see signs of misappropriation, consult a probate or estate litigation attorney. An attorney can help you file a proper petition, demand production of records, and, if necessary, seek removal or surcharge. If the estate is small and you prefer to try mediation, an attorney can advise whether mediation is appropriate before filing in court.
7) Timeline and speed matter
Act promptly. Beneficiary rights and deadlines in probate matters can be time-sensitive. Promptly requesting records and filing a petition if needed preserves your rights and makes it easier to remedy errors or recover estate assets.
8) Resources
- KRS Chapter 395 — Decedents’ estates (Kentucky Revised Statutes): https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=395
- Kentucky Court of Justice — official site (probate court clerk & court contacts): https://kycourts.gov
- Kentucky Bar Association — find a lawyer and lawyer referral: https://www.kybar.org
Short summary: Begin by requesting a written explanation and copies of the estate records. If the personal representative refuses or the answer is incomplete, ask the probate court to compel a formal accounting. If you suspect misuse of estate funds, the court can surcharge or remove the representative and you may pursue criminal or civil claims. Consult a Kentucky probate attorney if you need help filing petitions or assessing potential fiduciary breach.
Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For legal advice about your specific situation, consult a licensed attorney in Kentucky.
Helpful hints
- Always make requests in writing and keep copies of everything.
- Request an itemized accounting showing all receipts and disbursements and how the representative allocated funds to beneficiaries.
- Ask the probate court clerk whether an inventory or account has already been filed; that can save time.
- If you accept a payment, clarify whether it is a final distribution or an interim/partial payment. Accepting a partial payment usually does not waive your right to a full accounting.
- Be specific in your request: ask for dates, amounts, payees, and the legal basis for deductions (debts, expenses, fees).
- Keep deadlines in mind — if you plan to challenge the administration, do so promptly so you do not lose rights under applicable rules or statutes.
- If estate administration involves complex assets (business interests, real estate, taxes), professional help can be worth the cost to protect your share.