Detailed Answer — What to do if a Utah personal representative sends a payment without explaining how your share was calculated
Short answer: In Utah you can ask the personal representative (PR) for a written accounting and backup documents showing how they calculated your share. If the PR refuses or the accounting looks incorrect, you can request a formal accounting from the probate court, raise objections, and — if necessary — ask the court to review, surcharge, or remove the PR. Utah’s probate law gives heirs and interested persons the right to information about estate administration and to ask the court to compel proper accounting. See Utah Code, Title 75 (Probate), including the Personal Representative provisions (for example, account requirements under Utah Code §75-3-709).
What a proper explanation/accounting should include
- Identification of the estate and the personal representative.
- The inventory of estate assets and their values.
- All receipts (money received), disbursements (payments made), and allowed creditor claims.
- Administration expenses (funeral, appraisal, taxes, attorney fees) itemized.
- How the PR calculated your share (e.g., after paying debts and costs, pro rata under the will or intestacy rules).
- Copies of supporting documents: bank statements, invoices, receipts, tax filings, and any agreements.
Step-by-step actions to take (practical checklist)
- Ask in writing for an explanation and documents. Send a concise written request by email and certified mail asking for the accounting and supporting documents used to calculate your payment. Keep copies of all correspondence and delivery receipts.
- Be specific in your request. Ask for the estate inventory, the PR’s interim account, a list of creditor claims, and any calculations showing how your payment was derived.
- Review the materials carefully. Compare the payment to the estate’s assets and liabilities. Check whether administrative costs, taxes, or prior payments to other beneficiaries were deducted and whether those deductions look reasonable and supported by documentation.
- Ask follow-up questions. If something is unclear, request item-by-item explanations and copies of receipts or court approvals (for large expenses or attorney fees).
- Request a formal accounting if needed. If the PR refuses or provides incomplete/unsatisfactory information, you can ask the probate court to order a formal account. Utah law allows interested persons to obtain court-ordered accountings and relief. See Utah Code §75-3-709 (account of personal representative).
- File objections and seek court resolution. If you believe the PR misapplied estate property or overcharged expenses, you may file objections, ask the court to surcharge the PR (hold them financially responsible for losses), remove the PR, or otherwise seek appropriate relief through the probate court.
- Consider mediation or negotiation. For smaller disputes, mediation or a settlement conference can be faster and cheaper than full court proceedings.
- Consult an attorney. If the amount at issue is substantial, the accounting seems fraudulent, or the PR refuses to cooperate, talk to an estate/probate attorney about the court remedies and timelines that apply in Utah.
Relevant Utah law (where to look)
Utah’s probate statutes govern the duties and obligations of personal representatives and the procedures for accountings and court review. A key provision addressing the contents and filing of an account by a personal representative is found in Utah Code §75-3-709. The court’s authority to supervise administration and grant relief appears throughout Title 75. For statutory text, see:
- Utah Code §75-3-709 — Account of personal representative
- Utah Code §75-3-705 — Settlement and distribution (related duties)
- Utah Code, Title 75 — Probate (table of contents) (browse for related sections on duties, inventories, and judicial review).
Note: statute numbering can be technical; if you can’t find the exact subsection, search the Utah Legislature site (le.utah.gov) for “personal representative account” or “account of personal representative.”
Sample short written request (you can adapt)
Dear [Personal Representative name], Thank you for the recent distribution/check of $[amount]. Please provide, in writing, the following within 14 days: 1) A copy of the estate inventory and values used; 2) A detailed accounting showing all receipts and disbursements; 3) Copies of invoices, receipts, or court orders supporting any deductions; and 4) A clear calculation showing how you determined my share. If I do not receive a complete accounting within a reasonable time, I will consider requesting a court-ordered accounting under Utah probate law. Sincerely, [Your name]
Helpful Hints
- Always put requests in writing and keep copies. Written requests create a record if you need to involve the court.
- Give the PR a reasonable chance to respond before filing court action — courts expect parties to try to resolve disputes where possible.
- Keep careful records: your own communications, any checks you received, and any notices from the court or PR.
- Small distributions can still conceal errors — ask for the full accounting even if the amount seems modest.
- If the PR is also a beneficiary or creditor, be alert for potential conflicts of interest; the PR must act in the estate’s best interests, not their own.
- Act promptly — probate matters sometimes have deadlines and delays can limit remedies.
- For complex or high-value disputes, a lawyer experienced in Utah probate law can explain options, expected costs, and likely outcomes.