Detailed Answer — Can the court be asked to demand an accounting?

Yes. Under Oregon probate practice, beneficiaries, heirs, creditors, or other interested persons may ask the probate court to order the personal representative (executor or administrator) to provide an accounting of estate assets, income, receipts, disbursements, and distributions. Probate in Oregon is governed by the Oregon Revised Statutes (see the laws on decedents’ estates and fiduciary duties at the Oregon Legislature site and probate guidance at the Oregon Judicial Department):
ORS Chapter 113 (Decedents’ Estates) and
ORS Chapter 116 (Trusts and fiduciary duties).
You can also review practical probate guidance from the Oregon Judicial Department at
courts.oregon.gov/programs/probate.

Who may demand an accounting?

Typical interested persons who can request a court-ordered accounting include:

• persons named as beneficiaries in the will;
• heirs at law if there is no will;
• creditors with a recognized interest, and
• other persons the court finds to have a direct financial interest in the estate.

What does an estate accounting usually include?

An accounting normally lists and documents:

• assets on hand at the date of death and their values;
• all property later collected by the estate;
• income received by the estate (rent, dividends, interest, sale proceeds);
• payments made for funeral expenses, taxes, debts, administrative costs, and legal fees;
• transactions such as sales, transfers, or distributions to beneficiaries; and
• the current balance of estate cash or property available for distribution.

When and how to ask the court for an accounting

There are two common paths:

1. Informal request: Start by asking the personal representative for a copy of their inventory or interim accounting. Many disputes resolve without court action.
2. Formal petition: If the representative refuses or the accounting seems incomplete or suspicious, file a petition with the probate court asking for a formal accounting or for an order compelling an accounting. The court will schedule a hearing where evidence and objections may be presented.

Different courts and case types use different forms and procedures. The Oregon Judicial Department site lists local probate forms and procedures. If you file a petition, be prepared to explain your relationship to the estate and the specific relief you want (e.g., order for accounting, surcharge for mismanagement, removal of the personal representative).

What can the court do if the accounting is inadequate?

The court can compel a full and verified accounting. If the accounting reveals misconduct, mismanagement, or unexplained losses, the court can:

• order repayment or restoration of estate assets (surcharge);
• remove and replace the personal representative; and
• award costs and attorney fees to the successful petitioner in some circumstances.

Timing and limitations

Expect timing to depend on the stage of probate. Early in administration, the court typically allows the representative time to gather assets and pay debts before a final accounting. However, if you have credible concerns about concealment or waste, you can seek an interim accounting or immediate court supervision. Also note procedural deadlines for objections, petitions, and appeals under Oregon probate rules; local court rules may apply.

Practical steps to prepare a petition

Before filing, collect whatever documentation you already have (copy of will, correspondence with the representative, bank statements you can obtain, and list of assets you know of). Draft a concise petition stating:

• your interest in the estate;
• the relief requested (order for accounting, inspection of records, forensic accounting, removal, etc.); and
• facts showing why the court’s intervention is needed (e.g., unexplained transfers, refusal to disclose records, conflicts of interest).

Alternative dispute and enforcement tools

In addition to a petition for accounting, you may be able to:

• ask the court for a subpoena to obtain records;
• seek protective orders if you fear dissipation of assets;
• move for an interim audit or bond increase for the personal representative’s fidelity bond; and
• pursue civil claims against third parties who participated in improper transfers.

Helpful Hints — How to proceed smartly

• Ask politely first. Request copies of inventories and interim accountings in writing; document your requests and any responses.
• Know your status. Confirm whether you are a beneficiary or heir; courts treat interests differently.
• Keep records. Save emails, letters, and any paperwork you have about estate assets or transactions.
• Use local court resources. Check your county probate court’s procedures and forms before filing. The Oregon Judicial Department site offers general guidance: courts.oregon.gov/probate.
• Be specific in petitions. Point to particular transactions or missing items rather than raising broad suspicions.
• Consider mediation. Some accounting disputes resolve in mediation or settlement conferences ordered by the court.
• Act promptly. Delays can make evidence harder to find and may limit some remedies.
• Get lawyer help for complex matters. If accounting issues suggest theft, concealment, or complex transactions, an attorney can help prepare a strong petition and represent you at hearing.