Detailed Answer — What to do if the personal representative sends a payment without explaining how they calculated your share (Oregon)
Short answer: In Oregon you have the right to ask the personal representative (PR) for a clear, written accounting showing how your distribution was calculated. If the PR refuses or the accounting looks incomplete or incorrect, you can request a formal accounting through the probate court and, if necessary, ask the court to review the PR’s actions, force a full accounting, and award remedies for any breach of fiduciary duty.
Why this matters
The personal representative is a fiduciary. That means the PR must manage estate assets honestly, keep records, and provide information to beneficiaries so you can verify distributions. Transparent accounting protects beneficiaries from errors, improper deductions, undisclosed fees, taxes, or creditor payments that reduce your share.
Step-by-step actions you can take
- Ask for a written accounting right away. Send a written request (email or letter, ideally sent certified mail) to the PR asking for: the estate inventory; receipts and disbursement records; bank statements; creditor claims paid; the calculation showing gross share, deductions (debts, taxes, administration costs, attorney or PR fees), and the net amount you were paid.
- Give the PR a deadline. Ask for the documents within a reasonable time (e.g., 14–21 days). Note the request date and method so you have a record.
- Review what you receive. Check whether the accounting shows: (a) the estate’s assets and liabilities; (b) all payments the PR made; (c) the formula used to determine your share; and (d) any fees or taxes listed with supporting receipts or invoices.
- If the PR doesn’t respond or the accounting is incomplete, ask the probate court to compel an accounting. In Oregon you can petition the probate court where the estate is open to require the PR to file an inventory and a formal account. The court can order the PR to produce records, explain calculations, and correct distributions if required. The Oregon Judicial Department provides probate information and forms to get started: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx
- Consider seeking court remedies for breaches of fiduciary duty. If you suspect the PR acted improperly (unreasonable or undisclosed fees, self-dealing, paying improper creditors, or miscalculation), the court can surcharge the PR (require repayment), remove the PR, or pursue other remedies after a hearing.
- Get an attorney when the estate is large or contested. If the amount in dispute is significant or the PR is uncooperative, an attorney experienced in Oregon probate law can file the necessary motions, make evidentiary arguments, and represent your interests in court.
What to ask the PR for — specific documents
- Copy of the decedent’s will (if any) and any codicils.
- Inventory of estate assets and values used.
- All bank and brokerage statements showing estate activity.
- Receipts and invoices for estate expenditures, including funeral, medical, taxes, and creditor claims paid.
- Records of any appraisals or valuations used to compute shares.
- Ledger or accounting showing how gross shares were calculated and each deduction itemized.
- Copies of PR and attorney fee petitions or orders approving fees.
Oregon law and where to look
Oregon law governs probate administration, fiduciary duties, and accounting procedures. The Oregon Revised Statutes (ORS) set out decedent estate procedures and the probate court’s powers. For the statutes and rules that apply to estate administration and accounting in Oregon, see the Oregon Legislature’s statutes and the Oregon Judicial Department probate pages:
- Oregon Revised Statutes (probate sections) — main statutes page: https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx
- Oregon Judicial Department — probate information and forms: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx
Those resources explain how to request an inventory, file petitions, and what forms the probate court uses. If you need to file a petition to compel an accounting or to object to the PR’s actions, the court’s probate pages list local procedures and forms: https://www.courts.oregon.gov/forms/Pages/probate.aspx
Timing and practical points
- Act promptly. Records may become harder to trace as time passes.
- Keep copies of all communications and deliveries (certified mail receipts, emails, and returned envelopes).
- Be specific in your requests. Requests that are narrowly tailored and fact-based are more effective.
- Many disputes are resolved by providing documentation or a short court-ordered accounting. Formal litigation is often a last resort but available if the PR refuses or there is evidence of misconduct.
Helpful Hints
- Start with a written demand. A polite but firm letter asking for a written accounting often resolves the issue without court involvement.
- Use clear language in your request: list the records you want and a deadline for production.
- Preserve evidence: save the payment notice you received and any statements or letters that accompanied it.
- If the PR cites fees or expenses, ask for receipts or court orders approving those fees.
- If you suspect improper deductions (for example, fees to the PR or attorney that look excessive), ask whether the PR sought court approval. Many fees must be approved by the probate court before being charged to the estate.
- Contact the probate clerk in the county where the estate is open for local filing procedures and forms — clerks can explain how to file a petition for accounting or objection.
- Consider mediation for disputes. Many probate disagreements settle in mediation and spare time and fees of litigation.
When to talk to a lawyer
Consult a probate attorney if:
- The estate is large and the amounts at stake are significant.
- The PR ignores lawful requests or fails to file required estate inventories or accounts.
- You find evidence of possible fraud, self-dealing, or grossly excessive fees.
- You need help filing a petition with the probate court or preparing for a hearing.
Disclaimer: This article explains general Oregon probate practice and is for informational purposes only. It is not legal advice. For advice about a specific situation, consult a licensed Oregon attorney who handles probate and estate matters.