Detailed Answer — Can the Court Order an Accounting of Estate Assets and Transactions in New Jersey?

This answer explains, in plain language, how accounting works in New Jersey probate and what you can do if you want the court to demand an accounting from a personal representative (executor or administrator). This is a general explanation — not legal advice.

Short answer

Yes. In New Jersey, beneficiaries, interested parties, and sometimes creditors can ask the Surrogate’s Court to require a personal representative to file an inventory and a formal accounting. The Surrogate’s Court supervises estate administration and can order an accounting, review the account, and impose remedies if the accounting is incomplete, inaccurate, or shows improper conduct.

Who may ask for an accounting?

• Living beneficiaries named in the will or heirs-at-law if there is no will.
• Creditors with allowed claims against the estate (in limited circumstances).
• Other parties who have an interest recognized by the Surrogate’s Court.

If you are unsure whether you qualify as an interested person, the Surrogate’s office for the county where probate is pending can usually explain who is entitled to notice and oversight.

What is included in an accounting?

An accounting typically shows:

• All assets the personal representative had at the start of administration (an inventory).
• All receipts and collections (money or property collected by the estate).
• All disbursements and payments (funeral, taxes, debts, administration expenses).
• Transactions involving estate property (sales, transfers, loans).
• Attorney fees and personal representative compensation claimed.
• The ending estate balance and proposed distributions to beneficiaries.

How do you request an accounting?

Follow these practical steps:

1. Ask the personal representative informally for an accounting and copies of basic estate records (inventory, bank statements, check register).
2. If the representative refuses or the response is incomplete, file a formal petition with the county Surrogate’s Court asking the court to direct the filing of an account. The petition should identify your status (beneficiary, heir) and state why an accounting is necessary.
3. The Surrogate will set a schedule and provide notice to interested persons. The personal representative must then file an accounting under oath for the court to review.
4. If problems arise (missing funds, questionable transactions, excessive fees), you may file objections and ask the court for relief such as surcharge (money owed by the representative), removal of the representative, or other remedies.

When will the court require an accounting?

The Surrogate’s Court commonly reviews accounts at important stages: when the personal representative seeks final distribution, when the estate is ready to close, or when a beneficiary files a petition for an interim or special accounting. If the court finds cause (for example, allegations of mismanagement), it can order accounting at any time during administration.

Possible outcomes and remedies

• The court may order the representative to file a full accounting and submit supporting records.
• If the accounting is accepted, the representative may be discharged and the estate closed.
• If the accounting shows losses or misconduct, the court can surcharge the representative (order reimbursement), reduce fees, order repayment to the estate, remove the representative, or refer matters for criminal investigation if theft is suspected.

Relevant New Jersey resources and statutes

Key New Jersey resources you can consult:

• New Jersey Surrogate Division information and county Surrogate contacts: https://www.njcourts.gov/courts/superior/surrogates.html
• New Jersey statutes governing estates and fiduciary duties (Title 3B – Estates & Fiduciary Administration): https://www.njleg.state.nj.us/. See Title 3B for detailed provisions on personal representatives, inventories, accounts, and Surrogate court powers.

When you petition the court, cite the applicable sections of N.J. statutes or ask a Surrogate’s clerk or an attorney to point you to the precise statutory authority for the requested relief.

Practical example (hypothetical)

Suppose Jane is a beneficiary of her father’s estate. Jane asks the executor for an inventory and copies of estate bank statements. The executor replies with a short list but refuses to provide detailed transactions. Jane files a petition in the county Surrogate’s Court asking the court to order a formal accounting. The Surrogate orders the executor to file a detailed account under oath, and to produce bank statements and receipts. After review, the court finds some unaccounted withdrawals and orders the executor to repay the estate and reduces his compensation.

What you should bring when you ask the court

If you petition the Surrogate, bring:

• Your ID and proof of your relationship to the decedent (copy of will or family tree if needed).
• Copies of any correspondence where you requested records from the representative.
• Any documents you already have (bank statements, bills, copies of the will).
• A clear written statement of what you are asking the court to do (order an accounting, produce records, surcharge, removal, etc.).

Filing procedures and required forms vary by county. Contact the county Surrogate’s office or consult an attorney for help preparing your petition.

Helpful Hints

• Start with an informal request. Many accounting disputes resolve after a simple records request.
• Keep written records of every request you make to the personal representative.
• Know your role: beneficiaries and heirs have stronger rights to information than the general public.
• Be specific in your petition: identify the items, time periods, and transactions you want explained.
• Ask the Surrogate’s clerk about local forms and filing fees before you go to court.
• Consider mediation if the dispute is about interpretation of transactions rather than clear wrongdoing.
• Act promptly. Delays can make evidence harder to gather and may reduce available remedies.
• If you suspect theft, fraud, or large unexplained losses, consider consulting an attorney immediately to preserve evidence and protect estate assets.

Disclaimer: This article explains general New Jersey probate practice and is for informational purposes only. It is not legal advice, does not create an attorney-client relationship, and may not reflect the most recent changes in the law. For advice about your specific situation, contact a licensed attorney or the county Surrogate’s office.