What can I do if the personal representative sends me a payment without explaining how he calculated my share of the estate? — TN | Tennessee Probate | FastCounsel
TN Tennessee

What can I do if the personal representative sends me a payment without explaining how he calculated my share of the estate? — TN

What to do if the personal representative sends a payment without explaining how they calculated your share

Detailed Answer — Your rights and practical steps under Tennessee law

If a personal representative (sometimes called an executor or administrator) sends you money from an estate but does not explain how they arrived at your payment amount, you have several rights and practical options under Tennessee probate law. The personal representative owes duties to the estate and to beneficiaries, including keeping beneficiaries informed and providing accountings. See Tennessee probate law (Title 30) for the governing rules: Tenn. Code Ann. Title 30 (Probate).

Key legal points in plain language:

  • The personal representative has a duty to administer the estate according to the will (if any) and Tennessee law, and to act in the best interests of the estate and its beneficiaries.
  • Beneficiaries generally have a right to see an inventory, a list of claims and creditors paid, and an accounting of estate assets, expenses, and distributions so they can verify that distributions were correct.
  • If you receive a payment with no explanation, you may reasonably ask the personal representative for a written accounting or breakdown showing how your payment was calculated and what debts, taxes, fees, or advances were deducted.

Step-by-step actions you can take

  1. Ask for a written explanation. Send a polite written request (email or letter) to the personal representative asking for a breakdown of the payment: how the total estate was calculated, what debts and expenses were paid, any advances the recipient received during decedent’s lifetime, and how the representative determined your share.
  2. Request estate documents. Ask for a copy of the will (if any), the inventory of estate assets, bank/transaction records supporting the payment, and any court filings. These items let you check the math and confirm the representative followed the will and Tennessee law.
  3. Review the will and distribution rules. If the decedent left a will, distributions should follow the will’s terms. If there is no valid will (intestacy), Tennessee intestate succession rules and Title 30 control how property is split among heirs. You can review the will or ask the court clerk for the probate file if the estate is open in probate court.
  4. Ask for a formal accounting. If the representative refuses to explain informally, you can request a formal accounting. Under Tennessee probate practice, the court can require a personal representative to file an accounting showing receipts, disbursements, and distributions. See Tennessee probate rules in Tenn. Code Ann. Title 30 for statutory guidance.
  5. Object or petition the probate court. If the accounting is incomplete or the representative refuses to provide records, you can file a petition with the probate court asking the court to order a full accounting, to remove the personal representative for misconduct, or to resolve disputes about distributions. The probate court has authority to supervise administration and enforce fiduciary duties.
  6. Consider alternative dispute resolution. Mediation can be a faster, less expensive option than litigation if beneficiaries and the personal representative are willing to negotiate.
  7. Get legal help when needed. If the amounts involved are significant or you suspect mismanagement, consult an attorney experienced in Tennessee probate law. An attorney can review documents, calculate expected shares, demand records formally, and file petitions in court if necessary.

What the accounting should show

An accounting (formal or informal) should identify:

  • All estate assets at decedent’s death.
  • Payments made to creditors, taxes, court costs, funeral expenses, and attorney fees.
  • Any payments to beneficiaries or third parties and the reasons for those payments.
  • Any advances or loans made to beneficiaries during the decedent’s life that are being recouped from an inheritance.
  • The formula used to compute your share (for example, specific legacy vs. residuary share vs. intestate portion).

If you were overpaid or underpaid

If the accounting shows an overpayment to you, the estate or other beneficiaries may ask you to return the excess. If you were underpaid, you can demand additional payment or petition the court for correction. Keep records of any communications and payments.

Where to find more information

Start with Tennessee’s probate statutes and the local probate court handling the estate. Tennessee statutes for probate are collected under Title 30: Tenn. Code Ann. Title 30 (Probate). Your county probate court clerk can confirm whether the estate is open and provide access to court filings.

Helpful Hints

  • Ask first, in writing. A clear written request creates a record and often prompts a quick explanation.
  • Keep copies of everything: letters, emails, bank statements, and checks related to the estate payment.
  • Be specific when you ask: request the estate inventory, a schedule of disbursements, and the computation of your share.
  • If the estate is open in probate court, review the court file or request certified copies of filings (petition, letters testamentary, inventory, accountings).
  • Don’t cash a check you believe is incorrect without asking questions. Cashing a check can complicate disputes about overpayments.
  • If the personal representative is unresponsive or hostile, consider a short consultation with a Tennessee probate attorney to learn your rights and likely next steps.
  • Act promptly. Courts may have procedural windows for objecting to accounts or filing petitions; preserving your claim early helps protect your rights.

Disclaimer: This article explains general Tennessee probate concepts and common steps beneficiaries can take. It is educational only and not legal advice. Consult a licensed Tennessee attorney for advice about your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.