Minnesota: Can I ask the court for an accounting of estate assets during probate?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

How to ask the Minnesota probate court for an accounting of estate assets and transactions

Short answer

Yes. Under Minnesota probate law, an interested person can ask the court to require a personal representative (executor or administrator) to provide a full accounting of estate assets, receipts, disbursements, and transactions. The court can order a formal accounting or require the representative to produce records informally. This applies whether the estate is being administered informally (unsupervised) or under court supervision.

Detailed answer — what an accounting is, who can request it, and how it works in Minnesota

An accounting is a detailed, chronological statement of the estate’s financial activity: what assets the estate held, money that came in (sales, bank accounts, rents, insurance proceeds), payments and distributions made (bills, creditor claims, taxes, funeral expenses, distributions to heirs), fees and commissions paid to the personal representative or attorneys, and the current balance of estate assets. The accounting lets interested persons confirm the estate was managed correctly and that distributions are accurate.

Who qualifies as an “interested person”?

An “interested person” normally includes heirs, beneficiaries named in the will, devisees, personal representatives, persons entitled to receive notice, and certain creditors. If you are an heir or named beneficiary, you generally have standing to request production of the inventory and an accounting.

What Minnesota law says (where to look)

Minnesota’s probate statutes govern administration, inventories, accounts, and the court’s authority to require reports. See Minnesota Statutes, Chapter 524 for the governing law and procedures: https://www.revisor.mn.gov/statutes/cite/524. For practical information and local forms, the Minnesota Judicial Branch probate help pages are useful: https://www.mncourts.gov/Help-Topics/Probate.aspx.

Informal vs. supervised administration

Minnesota allows supervised and unsupervised (informal) administration. In supervised administration the court reviews and approves actions and accountings. In unsupervised administration the personal representative has more day-to-day control and the court does not routinely approve each step, but interested persons may still petition the court to require a formal accounting, to review transactions, or to challenge conduct.

Typical steps to request an accounting

  1. Ask the personal representative informally. Request a copy of the inventory, bank statements, receipts, bills paid, and any informal accounting. Many disputes resolve at this stage.
  2. If you don’t receive adequate records, file a petition in the probate court where the estate is open. The petition should identify you as an interested person and state why you seek an accounting (e.g., missing records, suspected mismanagement, unclear distributions).
  3. The court may order the personal representative to file a formal accounting under oath, produce documents, or appear for a hearing. The court can set deadlines and require supporting documentation.
  4. After reviewing the accounting, the court may approve it, require corrections, surcharge (require the representative to reimburse the estate for loss caused by misconduct), remove the representative, or order other remedies.

What an accounting typically includes

  • Inventory of estate property and values.
  • Statement of all receipts and income received by the estate.
  • Itemized list of payments and disbursements (bills, taxes, creditor claims, expenses).
  • Fees paid to attorneys and to the personal representative (commissions).
  • Payments or distributions to beneficiaries and the remaining balance.
  • Supporting bank statements, bills, canceled checks, and receipts.

Possible outcomes and remedies

If the court finds the accounting satisfactory, it will approve or settle the account and allow final distribution. If it finds errors or misconduct, the court can require corrections, order restitution (surcharge), remove the personal representative, or impose other sanctions. The court can also order discovery (document production, depositions) where necessary.

Costs and timeline

Requesting a court-ordered accounting often requires filing fees and may involve attorney fees. The timeline depends on court schedules, the complexity of the estate, and whether the representative cooperates. Simple informal requests can be resolved in days or weeks; contested court proceedings take months.

Sample hypothetical

Suppose Jane, an heir, notices that the personal representative has sold a family cabin and paid household creditors, but she hasn’t received any inventory or accounting. Jane first asks the personal representative for records. After no response, Jane files a petition in probate court asking the judge to order a formal accounting. The court orders the representative to file a sworn accounting within 30 days and produce bank statements. The accounting shows a bookkeeping error; the court directs the representative to correct the error and approves the corrected account.

How to proceed — practical steps

  1. Gather your proof of interest (will, notice, correspondence).
  2. Request records from the personal representative in writing and keep copies.
  3. If informal requests fail, contact the probate court clerk to learn the local filing procedure and forms, or review instructions at the Minnesota Judicial Branch site: https://www.mncourts.gov/Help-Topics/Probate.aspx.
  4. Consider consulting a probate attorney if the estate is large, complex, or you suspect mismanagement. An attorney can prepare the petition and represent you at hearings.

Helpful Hints

  • Start with a polite written request for records from the personal representative. Many disputes resolve without court involvement.
  • Keep all written communications and dates. Documentation will help if you must go to court.
  • Understand whether administration is supervised or unsupervised. Supervised estates have more routine court oversight; unsupervised estates still allow interested persons to petition for review.
  • Ask specifically for the inventory, receipts for major transactions, bank statements covering the estate account(s), creditor claim information, and any proposed distributions.
  • Be realistic about cost: petitioning the court and litigating an accounting can be expensive. Balance likely recovery or relief against likely costs.
  • If the estate is small, Minnesota offers simplified procedures that may limit the need for formal accountings. Check with the court or an attorney.
  • If you suspect fraud or theft, act quickly; evidence can disappear. An attorney can advise on emergency motions such as temporary restraining orders or removal petitions.

Where to find forms and local procedures

Probate procedures and forms vary by county. The Minnesota Judicial Branch offers general probate information and links to local court resources: https://www.mncourts.gov/Help-Topics/Probate.aspx. For statutory guidance, consult Minnesota Statutes, Chapter 524: https://www.revisor.mn.gov/statutes/cite/524.

Final notes

Asking for an accounting is a common and appropriate step for heirs and beneficiaries who want transparency in probate. The court has authority to compel accountings and to remedy improper conduct. Beginning with a polite records request often resolves the issue without litigation. If not, a probate court petition can force a formal accounting and, if necessary, corrective action.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney‑client relationship. Laws change and every case is different. Consult a licensed Minnesota attorney for advice about your specific situation.

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. See full disclaimer.