Detailed Answer
Short answer: Yes. Under Mississippi probate practice, beneficiaries and interested parties may ask the probate court to require an executor or administrator to provide a formal accounting of estate assets, receipts, disbursements, and distributions. The court has the authority to order interim or final accountings, compel production of supporting records, and, where appropriate, impose remedies such as surcharge (money owed by the personal representative), removal of the personal representative, or other relief.
How accounting works in Mississippi probate (plain language)
When someone dies and an executor (if there is a will) or an administrator (if intestate or no executor appointed) is handling the estate, that person must identify assets, manage them responsibly, pay valid debts and taxes, pay court-approved fees, and distribute the remainder to heirs or beneficiaries. Beneficiaries and other interested persons have a right to see what the personal representative has done.
What you can ask the court to order
- An order requiring the personal representative to file a written, sworn account (an itemized report) showing: all assets on hand, money received by the estate, payments made (bills, taxes, loans), fees and commissions claimed, and all distributions to beneficiaries.
- Production of supporting documents: bank statements, check copies, receipts, invoices, sale documents, closing statements, and appraisals that underlie the account.
- An interim accounting (before final distribution) if the estate administration is ongoing and you want a status review.
- A final accounting and settlement before the court approves final distribution and discharges the personal representative.
How to request an accounting — typical procedural steps
- Confirm you are an “interested person” (beneficiary, heir, creditor in some contexts). Beneficiaries and heirs generally have standing to ask for an accounting.
- File a petition or motion in the probate court handling the estate asking the court to require the personal representative to file an accounting. The petition should identify the estate, name the personal representative, state your relationship/interest, and explain why an accounting is needed (e.g., unexplained transactions, missing assets, long delay in administration).
- Serve notice on the personal representative and other interested parties. The court will set a hearing if the matter is contested or if required by local procedures.
- At the hearing the court can order the representative to file a written account within a fixed time, produce documents for in-court review, or take other steps the court deems necessary. If the representative fails to comply, the court can sanction, hold the representative in contempt, or remove and surcharge the representative if misconduct or negligence is shown.
What an accounting should contain
An accounting usually lists:
- Assets at decedent’s death (and how valued)
- Assets later collected or sold
- Income received by the estate (rents, dividends, sale proceeds)
- Payments from the estate (debts, funeral costs, taxes, administration expenses)
- Fees claimed by the personal representative and by estate lawyers (with supporting invoices)
- Distributions to beneficiaries (who got what and when)
What courts can do if the accounting reveals problems
- Surcharge the personal representative for losses caused by misconduct or negligence (require repayment out of the representative’s assets).
- Order removal of the personal representative and appointment of a successor.
- Award costs or attorney fees against a representative who wrongfully withholds or mismanages estate property.
- Order criminal or contempt proceedings in extreme cases (for willful failure to obey court orders).
Where to find Mississippi law and local rules
Mississippi statutory law governing decedents’ estates and probate proceedings appears in the Mississippi Code (look under the titles addressing decedents’ estates and probate practice). For official state resources about statutes and court procedures, see the Mississippi State Legislature and the Mississippi Judiciary:
- Mississippi State Legislature (statutes and legislative resources)
- Mississippi Judiciary (court information and local court contacts)
Practical hypothetical example
Hypothetical: You are a beneficiary named in your parent’s will. After probate opens, months pass with minimal activity and the executor claims most assets were used to pay debts but provides no receipts. You may file a petition in the probate court asking the court to order the executor to file a full interim accounting and to produce bank statements and receipts. The court will serve and consider the petition. If the executor cannot justify the transactions, the court may surcharge the executor, remove them, and order a corrected distribution.
When to involve an attorney
If the accounting is simple and the executor cooperates, you may resolve issues by requesting records informally. If you suspect misconduct, unexplained transfers, missing assets, or if the executor refuses to provide records, consult an attorney experienced in Mississippi probate. An attorney can prepare the petition, gather evidence, and represent you at hearings.
Key takeaways
- Beneficiaries and other interested persons generally have the right to request an accounting in Mississippi probate court.
- The probate court can order interim or final accountings, require production of supporting documents, and impose remedies for mismanagement.
- Start by requesting records informally; if that fails, file a petition in probate court and request a hearing.
- Consider hiring a probate attorney if you anticipate contested issues or suspect wrongdoing.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. I am not a lawyer. For advice specific to your situation, contact a licensed Mississippi attorney who handles probate and estate matters.