Disclaimer: This is general information, not legal advice. Consult a Vermont probate attorney about your specific situation.
Detailed Answer
Yes. Under Vermont probate practice, an interested person can ask the Probate Division to require a personal representative (executor or administrator) to provide an accounting of estate assets and transactions. The court has the authority to supervise fiduciaries, review their inventories, receipts, disbursements, fees, and distributions, and to order corrections or remedies when the accounting is incomplete or improper.
Where to look in Vermont law: Vermont’s statutes and probate rules set out the duties of fiduciaries and the court’s supervision of estates. See Title 14 of the Vermont Statutes Annotated (Probate, Trusts and Estates) for the statutory framework: https://legislature.vermont.gov/statutes/title/14. For practical Probate Division procedures and forms, check the Vermont Judiciary’s probate pages: https://www.vermontjudiciary.org/administration/probate-division.
Who may ask for an accounting
“Interested persons” may seek an accounting. That generally includes beneficiaries named in the will, heirs at law if there is no will, certain creditors, and others with a direct financial interest. If you are unsure whether you qualify, the Probate Division will review your petition for standing.
What an accounting typically shows
- Inventory of estate property and its value.
- Receipts—money collected by the estate (sales, rents, benefits, refunds).
- Disbursements—payments made for debts, taxes, expenses, and distributions.
- Attorney and personal representative fees and expenses claimed.
- Proposed distributions and the basis for those distributions.
How to ask the court for an accounting (typical steps)
- Try a written request to the personal representative first. Often you will get the information voluntarily.
- If that fails, file a formal petition or motion with the Probate Division asking the court to require a formal accounting. Include your relationship to the estate and why you seek the accounting.
- Serve notice on the personal representative and other interested parties as required by the Probate Division’s rules.
- The court may set a hearing. The personal representative must produce records, and interested persons may object or ask for clarification.
- If the court finds the accounting inadequate or fiduciary duties breached, the court can order corrections, surcharge the fiduciary for losses, remove the fiduciary, or take other remedial action.
What to expect at the hearing
The judge will review the evidence, accounting records, and any objections. The court evaluates whether the fiduciary acted reasonably, followed the will and statute, and properly safeguarded and distributed estate assets. The court may require a supplemental accounting or detailed documentation (bank records, receipts, and invoices).
Remedies if the accounting shows problems
- Order the fiduciary to correct the accounting or restore missing funds.
- Surcharge the fiduciary for losses caused by misconduct or gross negligence.
- Remove the fiduciary and appoint a successor.
- Refer for additional proceedings, including contempt or other court-ordered sanctions.
Timing and practical points
Courts often expect regular filings and transparency. If the estate is complex, you can ask for interim accountings while probate continues. If the estate is near closing, ask for a final accounting before distributions are approved.
Helpful Hints
- Start with a polite written request to the personal representative. Keep a record of communications.
- Collect any documents you already have: the will, letters testamentary or of administration, prior inventories, correspondence, and beneficiary communications.
- When you file with the Probate Division, be clear about your status (beneficiary, heir, creditor) and what you want (interim accounting, final accounting, surcharge, removal).
- Ask the court for a specific accounting period and specific documents (bank statements, ledgers, receipts). Specific requests are easier for the court to enforce.
- Prepare to show why you doubt the accounting (missing assets, unexplained withdrawals, lack of records). Courts act on evidence, not suspicion alone.
- Meet procedural requirements: use the Probate Division forms and follow local rules for service, filing, and notice. See Vermont Judiciary probate resources: https://www.vermontjudiciary.org/administration/probate-division/resources-forms.
- If the fiduciary resists and records are missing, the court can compel production and may impose sanctions; have realistic expectations about time and cost.
- Consider consulting a Vermont probate attorney if the accounting is complex, the fiduciary resists, or you plan to seek removal or surcharge. A lawyer can help prepare the petition and present evidence to the court.
For statutory background on fiduciary duties and the probate process, consult Title 14 of the Vermont Statutes Annotated: https://legislature.vermont.gov/statutes/title/14. For local procedures and forms, see the Vermont Judiciary Probate Division pages: https://www.vermontjudiciary.org/administration/probate-division.