FAQ: What to do if a personal representative sends a payment without explaining how they calculated your share of the estate (LA)

Short answer: Under Louisiana succession law, the personal representative (sometimes called an executor or administrator) has fiduciary duties to the heirs and legatees. If you received a payment but no explanation of how the amount was computed, you should promptly ask for a written accounting and supporting documents. If the representative refuses or provides an inadequate response, you can demand a court-ordered accounting, contest the distribution, and ask the court for remedies (surcharge, removal, restoration of funds, attorney fees). This article explains steps you can take, what to ask for, and how the Louisiana courts typically handle these disputes.

Detailed answer — What Louisiana law lets you do and how to proceed

This section explains the practical steps under Louisiana succession law and the typical legal remedies available when a personal representative distributes funds without explaining the calculation.

1. Why an explanation matters

The personal representative must administer the estate in the best interest of the estate and the heirs. That includes determining the estate’s assets and liabilities, paying valid claims and expenses, and making distributions according to the will or intestacy rules. An unexplained payment makes it impossible for you to verify whether the representative properly:

• identified and valued estate assets;
• paid valid debts, taxes, funeral and administration expenses;
applied credits, allowances, or proportional adjustments to heirs’ shares; and
• properly followed the will or intestacy rules for distribution.

2. First step — Request a written accounting and supporting documents

Send a written demand to the personal representative asking for a complete accounting and documentation showing how your payment was calculated. Keep the request factual and specific. Ask for:

• the estate inventory and appraisement (list of assets and values);
• a list of debts, creditor claims allowed and amounts paid; receipts for payments the representative made (funeral, taxes, administrative costs);
• the calculation used to determine your share (showing gross estate, deductions, shares to other heirs/legatees, percentage or fraction used to compute your distribution);
• copies of any sale contracts, bank statements, or appraisals the representative relied on; and
• any court orders authorizing distributions, if already obtained.

Send your request by certified mail with return receipt or another verifiable method. Keep copies of everything.

3. If the representative provides a full accounting

Review it carefully. Look for:

• missing assets or unexplained deductions;
• payments to creditors without supporting invoices;
• large administration fees, unusual expenses, or potential conflicts of interest;
• math errors or misapplied shares under the will or intestacy rules.

If the accounting checks out, you may accept the payment and, if appropriate, sign a release (read it carefully). If it doesn’t, move to the next steps below.

4. If the representative refuses or gives an inadequate accounting

1. File a written demand with the succession court for an accounting (petition to compel an account). Louisiana courts routinely compel accountings when heirs legitimately contest distributions.
2. Ask the court to produce documents and records (discovery/subpoena). The court can order the representative to turn over bank records, receipts, contracts, and appraisals.
3. Seek temporary relief if funds are at risk (for example, a conservatory writ, injunction, or restraining order) to prevent dissipation of assets.
4. Ask the court to surcharge the representative (hold them financially responsible) for losses caused by bad faith, negligence, or mismanagement. The court can also order removal of a personal representative for cause.
5. If the representative paid you an incorrect amount, ask the court to order restoration of the correct amount or disgorgement if the representative benefited improperly.

5. Timing and urgency

Act promptly. Issues about distributions can become harder to fix after assets are spent or distributed to third parties. Sending an early written demand creates a record of your efforts and may avoid court action. If you think the representative is hiding or wasting assets, move quickly to seek court intervention.

6. Cost considerations and attorney involvement

Simple requests for an accounting are often inexpensive. If the representative refuses, you may need a lawyer to file a petition in the succession court. In Louisiana, the court may award costs or attorney fees against a personal representative who has acted unreasonably or in bad faith, but outcomes depend on the case facts. Discuss the likely costs and benefits with a Louisiana probate attorney before filing aggressive motions.

7. Where to file and who enforces these rights

Proceedings to compel an accounting or to remove a personal representative are handled by the succession court where the succession is open (the parish court that opened the succession). For general information on Louisiana laws and to locate the relevant statutes and local court rules, see the Louisiana Legislature’s site: https://legis.la.gov. For practical guidance on how successions work, visit your parish clerk of court or consult a probate attorney licensed in Louisiana.

Helpful hints

• Always make your first demand in writing and keep a copy. Use certified mail or another verifiable delivery method.
• Ask for a clear breakdown: gross estate value, debts paid (with receipts), administrative expenses, and the formula used to compute each beneficiary’s share.
• Collect any documents you already have: the will, previous communications, account statements, or documentation of any assets you believe belong to the estate.
• If the personal representative is a beneficiary or related person, watch for conflicts of interest, self-dealing, or preferential transactions.
• Be polite but firm. Many disputes resolve after an exchange of records and a clear explanation.
• If you suspect fraud or theft, do not delay—ask the court for emergency relief to preserve estate assets.
• Consult a Louisiana succession/probate attorney early to understand deadlines, likely costs, and court procedures in your parish.

Key resources

• Louisiana Legislature: main site for state laws and statute search — https://legis.la.gov
• Parish clerk of court — contact the clerk in the parish where the succession was opened for local forms, filing rules, and case information (search your parish clerk online).

Disclaimer: This article explains general legal concepts under Louisiana law for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and may not reflect recent changes in the law. For advice about your specific situation, contact a licensed Louisiana attorney who handles successions and probate matters.