Detailed Answer
If you are a beneficiary, heir, or other interested person in an Ohio probate estate, you generally have the right to review the estate’s accounting. The personal representative (executor or administrator) has fiduciary duties to keep accurate records and report to the probate court and interested parties.
Statutory Requirements for an Accounting
- Inventory and Appraisement: The personal representative must file an inventory with the probate court within three months after qualifying. See R.C. §2113.36.
- Final Accounting: Before distributing assets, the personal representative must file a final account of administration and request a hearing for settlement. This account outlines all receipts, disbursements, and proposed distributions. See R.C. §2109.30.
Rights to Request and Receive the Accounting
Once the final account is filed, the court schedules a hearing. The personal representative must mail notice of the hearing to all qualified persons at least 30 days in advance. Interested persons may:
- Inspect the probate court file to review the accounting and supporting documents.
- Request copies from the clerk’s office for a nominal fee.
- File written exceptions (objections) to any item in the accounting at least 10 days before the hearing under R.C. §2109.30(B).
What to Do if the Personal Representative Refuses
- Send a written request via certified mail stating your right to inspect and receive a copy of the inventory and final account.
- If you do not receive the accounting within a reasonable time (e.g., two weeks), file a motion in the probate court to compel production.
- At the hearing, the court can order the personal representative to file or amend the account and may impose sanctions or removal for breach of fiduciary duty.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For advice on your specific situation, consult a licensed Ohio probate attorney.
Helpful Hints
- Note the three-month deadline for inventory and appraisement.
- Mark the hearing notice deadline (30 days before the hearing).
- Keep copies of all correspondence with the personal representative.
- Review the probate docket online or at the court clerk’s office.
- Consider retaining an attorney if you face resistance or disputes.