What to do if a personal representative sends a payment but does not explain how your share was calculated

This FAQ explains practical steps you can take in Nebraska when a personal representative (executor or administrator) sends you money from an estate without explaining how they calculated your share. It assumes you start with little or no knowledge about probate. This is educational information, not legal advice.

Detailed answer — your rights and practical steps under Nebraska law

Who the personal representative is and what duties they have: The personal representative has fiduciary duties to the estate and to beneficiaries. Those duties generally include collecting assets, paying valid debts and expenses, keeping records, and distributing the remaining assets according to the will or Nebraska intestacy rules. Nebraska’s probate law is in Chapter 30 of the Nebraska Revised Statutes. See Nebraska Revised Statutes, Chapter 30 (Probate Code): https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=30.

Why you should expect an explanation: Beneficiaries normally may expect (and in many cases can demand) a clear accounting showing what assets were collected, what debts and expenses were paid, and how the distributive shares were calculated. If the personal representative pays you without explanation, you should treat that as incomplete administration until you receive a written accounting or supporting documents.

Immediate, practical steps

1. Ask for a written explanation right away. Send a short, written request (email or letter) to the personal representative asking for a written accounting of the estate and a breakdown showing how the payment amount was calculated. Ask for copies of the estate inventory, creditor claims, receipts for major expenses, and any court orders authorizing distributions.
2. Review what might have been deducted. Common deductions that reduce a beneficiary’s share include funeral costs, taxes, probate expenses, attorney fees, valid creditor claims, and costs to administer specific assets. Ask the representative to identify any of these deductions and provide documentation.
3. Request a formal account. If the representative does not provide a usable explanation, ask for a formal accounting (sometimes called a final account or settlement). In Nebraska, the Probate Code governs how accounts are filed and approved. You can request that the representative file an account with probate court or file a petition with the probate court requesting an order requiring the representative to file an account. See Neb. Rev. Stat. ch. 30: https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=30.
4. Communicate with the representative’s attorney, if any. If the personal representative has an attorney, ask the attorney for the accounting and calculation support. Attorneys often provide documentation faster than an overwhelmed representative.
5. Preserve your communications and documents. Save copies of the payment, any written requests, emails, and any replies. These records help if you later file a petition in probate court.
6. Do not rush to sign away rights. Be cautious about signing a receipt that says you accept the payment as full settlement of your claim unless you are certain you understand and agree with the calculation. Signing a full release may limit your ability to challenge the distribution later. If you already signed a narrow receipt that only acknowledges receiving money, that is usually less risky than a full release; still get legal advice if unsure.

When to involve the probate court

If the personal representative refuses to explain the distribution or to file an account, you can ask the county probate court for help. Common court remedies include:

• Compel the personal representative to file a formal accounting with the court.
• Object to the accounting once it is filed and request a hearing to dispute calculations, charges, or distributions.
• Seek surcharge or removal of the personal representative if you can show wrongdoing, bad faith, gross negligence, or failure to perform duties.

Filing procedures and deadlines vary by county. For procedural rules and forms, contact the clerk of the probate court where the estate is being administered.

What proof you should request

When you ask for an explanation, request these documents so you can verify the math and deductions:

• Copy of the will or the intestacy distribution rules used.
• Inventory of estate assets and values.
• List of creditor claims submitted and paid (with receipts).
• Itemized administration expenses and attorney fees.
• Any tax returns or statements showing estate taxes withheld (if applicable).
• A worksheet or calculation showing how your distributive share was computed.

When to get a lawyer

Consider hiring an attorney if the representative refuses to provide documentation, if the accounting appears incorrect, if you suspect mismanagement, or if the amount at stake is substantial. An attorney can help you demand an accounting, file objections, or file a petition in probate court. If cost is a concern, ask the attorney about limited-scope help (a single demand letter or review of documents) or contact local legal aid or a Nebraska bar referral service for lower-cost options.

Helpful Hints

• Be polite but firm. A clear written request often resolves issues without court intervention.
• Put requests in writing and use tracked delivery for letters if you are worried about proof of receipt.
• A partial distribution does not necessarily mean you have accepted the final accounting. Ask for a written statement clarifying whether the payment is interim, partial, or final.
• Keep copies of any checks, bank statements, and correspondence you receive about the payment.
• If you get an accounting, review it carefully against the estate inventory and creditor list. Ask for explanations for large or unclear expenses.
• If you suspect wrongdoing (theft, self-dealing, or hidden assets), act quickly. Removal and surcharge claims have evidentiary requirements and benefit from early investigation.
• Contact the probate court clerk for information about filing an objection or petition. Court staff can explain filing steps but cannot give legal advice.

Important statutory resource: Nebraska Probate Code, Chapter 30 — https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=30.

Quick sample request you can send to the personal representative

“Please provide, within 14 days, a written account showing how my payment was calculated, including copies of the estate inventory, itemized administration expenses, creditor claims paid, and the calculation you used to determine my share. If you intend this payment to be final, please state that in writing and include a full accounting.”

Disclaimer: This article is educational only and does not create an attorney-client relationship. It is not legal advice. For advice about your specific situation, contact a licensed Nebraska attorney.