What can I do if the personal representative sends me a payment without explaining how he calculated my share of the estate? – MO

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

What to do if a personal representative sends a payment but doesn’t explain how your share was calculated

Short answer: In Missouri you can ask the personal representative (PR) for a written, itemized accounting; demand supporting documents (receipts, valuations, debts paid); and, if the PR refuses or the explanation looks wrong, you can ask the probate court to order a formal accounting, surcharge the PR for improper conduct, or remove the PR. Always document requests in writing and consider consulting a probate attorney if significant money or potential misconduct is involved.

Detailed answer — your rights and practical steps under Missouri law

When someone acts as a personal representative of a decedent’s estate they owe fiduciary duties to beneficiaries. That means the PR must act in the estate’s and beneficiaries’ best interests, keep clear records, and be able to show how distributions were calculated. If the PR sent you a payment without explaining how they arrived at your share, you have several clear options under Missouri probate practice.

1. Ask for an informal, written explanation first

Start by sending a polite, written request to the PR (email plus certified mail or another proof-of-delivery method). Ask for:

  • An itemized accounting showing receipts, expenses, debts paid, and distributions;
  • Copies of bank statements, invoices, receipts, and appraisals used to value estate assets;
  • A copy of the estate inventory, the will (if any), and the court file (or a request where you can view it).

Keep a copy of your request and any responses. A written demand creates a record you can use later if court intervention becomes necessary.

2. Know what an accounting should show

A thorough accounting typically includes:

  • Beginning estate value (assets at date of death or as required by Missouri law);
  • All money received by the estate (sale of assets, income, refunds, etc.);
  • All expenses paid (funeral, taxes, administration costs, creditor claims) with receipts; and
  • Each distribution to beneficiaries with the method and math used to calculate shares.

3. If the PR refuses or provides an inadequate response: request a formal accounting through the probate court

If the informal request does not produce adequate documentation, you can ask the probate court to require the PR to file a formal account. Missouri probate courts hear disputes over accounting, claims against PRs, and petitions to compel disclosure. The court has the power to review the PR’s actions and to order remedies if the PR breached fiduciary duties.

4. Possible court remedies in Missouri

  • Order the PR to file a detailed accounting with supporting documents;
  • Surcharge the PR (monetary liability) if the court finds the PR wasted, misappropriated, or negligently managed estate property;
  • Remove and replace the PR for cause if the PR breached duties or is incapacitated or incompetent to serve;
  • Award fees or costs to beneficiaries if the PR’s conduct required litigation or court enforcement.

5. Where Missouri statutes and court rules fit in

Missouri probate statutes and local court rules govern administration, accounting, and removal of personal representatives. You can read the relevant statutory chapters on the Missouri Revisor of Statutes site for specifics about PR duties, administration, and court powers: see Mo. Rev. Stat. (Decedents’ estates and probate chapters) at https://revisor.mo.gov/main/OneChapter.aspx?chapter=473 and related chapters at https://revisor.mo.gov/main/OneChapter.aspx?chapter=474. For practical probate forms and local procedure, check the Missouri Courts site: https://www.courts.mo.gov.

6. When to hire a probate attorney

If the amount at issue is substantial, the PR’s explanation is unclear or inconsistent, or you suspect mismanagement or self-dealing, consult a probate attorney. A lawyer can draft stronger discovery requests, file a petition to compel or surcharge, and represent you in court. If money is small and the PR cooperates, you may resolve the matter without counsel.

Helpful Hints

  • Request everything in writing and keep copies—dates and delivery proof matter in court.
  • Ask for an itemized accounting that lists receipts, disbursements, and the method the PR used to value assets.
  • Ask the PR to identify any creditor claims paid and provide supporting invoices or court-approved settlements.
  • Compare the accounting to the will (if any) and the probate court file to confirm distributions match the estate plan and court approvals.
  • If you receive a final distribution, confirm the accounting for that distribution before signing any release or waiver form.
  • Look for red flags: missing receipts, unexplained large expenses, personal benefits to the PR, or inconsistent valuations.
  • Contact the probate court clerk for procedural questions—clerks often can explain how to request an accounting or where to file a petition.
  • Act promptly: waiting too long may complicate recovery or court remedies.

Where to look for more information

Final note / disclaimer: This article explains general Missouri probate practice and is for educational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed Missouri attorney who can review the facts, the will (if any), and court filings and recommend next steps.

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.