Can I ask the court to demand an accounting of all the estate assets and transactions during probate?

Short answer: Yes. In New Mexico, beneficiaries and other interested persons can ask the probate court to require the personal representative (executor or administrator) to provide an accounting of estate assets, receipts, expenses and distributions. If the personal representative refuses or provides an incomplete accounting, you can file a petition in probate court asking the judge to order a formal accounting, compel production of records, and, if warranted, seek remedies such as surcharge, removal, or other relief.

Detailed answer — how it works in New Mexico

Anyone with a legally recognized interest in the estate (for example, a named beneficiary, heir, creditor or a person who would inherit if there were no will) is considered an “interested person.” An interested person may request information about estate assets and transactions. New Mexico probate practice aims for transparency in the administration of estates. The personal representative has a fiduciary duty to manage estate assets in good faith, keep clear records, and account to the court and interested persons.

What an accounting normally includes

• Inventory of estate property and values.
• Receipts and deposits to estate accounts (money the estate received, e.g., bank accounts, life insurance proceeds payable to the estate).
• Payments made from estate funds (bills paid, taxes, funeral expenses, creditor claims allowed by the court).
• Gains or losses from sales of estate assets.
• Fees paid to professionals (attorneys, accountants, appraisers) and any compensation to the personal representative if allowed.
• Proposed or made distributions to beneficiaries.

Where to start—informal vs. formal steps

1. Request records informally. Start by asking the personal representative in writing for a copy of the inventory, accountings, bank statements, and receipts. Often you will get what you need without court filings.
2. File a petition in probate court. If the representative refuses or you suspect something is wrong, you may file a petition (motion) in the probate court supervising the estate asking the court to order a formal accounting. The petition should state who you are, your interest in the estate, what you are asking for, and why (e.g., no accounting filed; missing/incomplete records; suspected mismanagement).
3. Court action. The court can order the representative to file a written accounting under oath, produce supporting documents, submit to discovery, or appear for a hearing. If the court finds breaches of duty, it can order remedies (surcharge, repayment, removal, or referral for further proceedings).

What remedies can the court provide?

• Compel a full, sworn accounting and production of supporting documents.
• Surcharge the personal representative for losses caused by improper acts or negligence (make them reimburse the estate).
• Remove the personal representative for misconduct, incompetence, or failure to account.
• Order turnover of misapplied or missing assets.
• Assess attorney fees and costs against the estate or, in some cases, against the personal representative for bad faith conduct.

Timing and practical considerations

Probate timelines vary. Some accountings are routine (final accounting before distribution), while others may be required earlier if concerns arise. Making a timely request preserves your right to review records and to contest actions taken by the representative. Keep in mind that the court usually gives the personal representative a chance to correct deficiencies before imposing sanctions.

Where New Mexico law and court resources can help

New Mexico courts provide self-help pages and probate forms that explain the probate process and list local probate court contacts. For procedural guidance and forms, see the New Mexico Judiciary’s probate self-help resources: https://www.nmcourts.gov/self-help/probate/. For statutory rules governing estates and probate generally, search the New Mexico statutes (Decedents’ Estates) through the New Mexico Legislature and state legal resources (look for NMSA Title 45, Decedents’ Estates).

How to prepare before you file a petition

• Gather proof of your status: a copy of the will (if any), letters testamentary or letters of administration, and any notices you received.
• Document your requests and the representative’s responses—keep written demands, emails, and dates of phone calls.
• Ask for specific documents: the estate inventory, account statements, cancelled checks, receipts for payments, and ledger showing distributions.
• Note suspicious items: large unexplained withdrawals, missing assets listed earlier, transactions with unclear purposes, or large fees without explanation.
• Be ready to propose a remedy: ask for a full accounting, a hearing date, and production of supporting documents; explain whether you seek surcharge, removal or other relief.

When to consider hiring an attorney

Consider hiring a probate attorney if:

• The estate administration involves complex assets (business interests, real estate, tax issues).
• The representative refuses to produce records or returns incomplete data.
• You suspect fraud, concealment, self-dealing, or serious mismanagement.
• Significant money or contested distributions are at stake.

Helpful Hints

• Start with a written request to the personal representative—courts often expect you to try informal resolution first.
• Keep all communications in writing and keep copies of everything you send and receive.
• Ask for specific timeframes: request that the accounting and documents be produced within a set number of days.
• If the representative is represented by counsel, direct formal requests to the attorney as well as to the representative.
• Be realistic: some records (appraisals, tax returns) take time to assemble. Ask the court for phased production if appropriate.
• Preserve your rights: timely object to accountings and file petitions within any court deadlines provided in the probate case.
• Document your own costs for pursuing the accounting—if the court finds bad faith, it may shift fees to the wrongdoer.

Key takeaways

You have the right as an interested person in New Mexico probate to request an accounting of estate assets and transactions. Begin with an informal written demand; if that fails, file a petition in probate court to compel a formal accounting. The court can force production of records and impose remedies if the personal representative breaches duties. Use the New Mexico Courts self-help probate resources for forms and procedural information, and consider an attorney when the estate issues are complex or when you suspect misconduct.

Disclaimer: This article is educational only and does not provide legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed New Mexico attorney about probate and estate matters.