Detailed Answer
Short answer: Under Virginia law, if you are an interested person (an heir or beneficiary) and you did not get notice before a personal representative’s final accounting was filed and approved, you can ask the circuit court that handled the estate to reopen or set aside the accounting, file exceptions (objections) to the accounting, and seek interim relief (for example, to stop distributions). You must act promptly, gather proof that you did not receive required notice, and follow the local probate procedures. The clerk of the circuit court and Virginia probate rules control the practical steps.
Who can challenge a final accounting?
In Virginia an “interested person”—generally heirs, beneficiaries named in a will, devisees, and creditors—has standing to object to or challenge a personal representative’s accounting. If you were owed notice as an heir or beneficiary, you are an interested person and can raise objections.
Why notice matters
Notice provides you the opportunity to review the accounting, raise objections, and ask for a hearing. If the court approved a final account without giving required notice to an interested person, a court may set aside or reopen that approval because of lack of notice or lack of due process. Proof that you did not receive notice strengthens a petition to reopen and any motion to set aside the order approving the accounting.
Basic legal authorities and where to read them
Virginia’s probate laws are in Title 64.2 of the Code of Virginia. Read the statutes and related rules at the Code of Virginia, Title 64.2 (Wills, Trusts, and Fiduciaries): https://law.lis.virginia.gov/vacode/title64.2/ . For practical probate procedures and contact information for circuit court clerks, see the Virginia Courts probate resources: https://www.vacourts.gov/courts/circuit/resources/probate/index.html .
Practical steps to challenge the final accounting (step-by-step)
- Act immediately. Probate matters move fast. Even if you are unsure how the law applies, begin the process right away.
- Get certified copies and the court file. Contact the clerk of the circuit court where the estate was opened. Ask for the docket, the personal representative’s petition, the final accounting, any orders approving the account, and the proof of service or affidavit showing who was given notice. The clerk’s office will tell you what to request and how to get certified copies.
- Confirm whether notice was required and what was sent. Review the file for a certificate or affidavit of service, mail receipts, or other proof the personal representative served or mailed notice to heirs and beneficiaries. Compare the service list with your known addresses and the addresses the estate used.
- Preserve evidence you didn’t receive notice. Collect documents that show your address at the relevant time (bills, tax returns, employment records), and any communication showing the estate was administered without contacting you (emails, texts, statements from family members). If mail to you was redirected or returned, collect the postal evidence if available.
- File exceptions or a petition to reopen with the circuit court. In Virginia you typically challenge an accounting by filing written exceptions (often called objections) to the accounting or by filing a petition asking the court to set aside the order that approved the final account and to reopen administration. Your filing should: identify yourself and your interest; state you received no notice; attach supporting evidence; state the relief you want (set aside the approval, a new accounting, a hearing); and request interim relief if needed (e.g., prevent distributions or require a bond).
- Request immediate (temporary) relief if there is a risk the assets will be dissipated. If distributions are imminent or assets are being moved, ask the court for an emergency hearing, a temporary restraining order, or an order requiring the personal representative to freeze distributions or post a bond.
- Attend the hearing and be prepared to prove lack of notice. At any hearing, the court will look to the probate file’s proof of service and your evidence that you did not receive notice. Be ready to explain your status as an interested person and the prejudice you suffered from not receiving notice.
- Consider settlement or mediation. Many probate disputes resolve by negotiation once heirs see the estate records. Mediation can be faster and cheaper than a full court contested settlement.
- If the court denies relief, review appeal rights quickly. Appeals have strict deadlines. If the trial court refuses to reopen the account or set aside the order, ask the clerk or an attorney about preservation of issues for appeal and appeal timing.
What grounds will the court consider?
- Lack of required notice or defective service.
- Newly discovered evidence showing mismanagement or unequal treatment.
- Fraud, forgery, or concealment of assets.
- Improper distributions or expenditures outside the administrator’s authority.
- Failure to account for estate assets or inaccurate account entries.
What remedies can the court order?
The court may:
- Set aside or vacate the approval of the account and require a new accounting.
- Order the personal representative to restore funds improperly distributed.
- Require the personal representative to post a bond, or remove the personal representative if misconduct is shown.
- Order damages or surcharges against the personal representative for losses caused by mismanagement.
- Order a hearing, discovery, or accounting audit.
What you should bring to the clerk or an attorney
- Your proof of identity and relationship to the decedent (birth certificate, will, or other family records).
- Any mail or communications showing you didn’t receive notice.
- Current and historical address records for you and the decedent.
- Copies of bank statements, checks, or other documents that suggest improper distributions, if you have them.
- Names and contact details of other heirs or beneficiaries.
Where to get more information in Virginia
- Code of Virginia, Title 64.2 (Wills, Trusts, and Fiduciaries): https://law.lis.virginia.gov/vacode/title64.2/
- Virginia Courts probate resources and local circuit court clerk contact information: https://www.vacourts.gov/courts/circuit/resources/probate/index.html
When to talk to a lawyer
If the estate assets are significant, if distributions have already been made, or if you suspect fraud or serious mismanagement, consult a probate attorney promptly. An attorney can prepare and file exceptions, represent you at hearings, request discovery, and advise on appeals and damages.
Disclaimer
This article explains general Virginia probate procedures and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Virginia probate attorney.
Helpful Hints
- Do not wait to act. Probate approvals and distributions can be final and hard to undo.
- Start by getting the full probate file from the circuit court clerk; the file often reveals whether proper notice occurred.
- Keep a neat timeline of events: decedent’s date of death, when the estate was opened, when you first learned of the accounting, and all communications.
- Ask the clerk whether the estate required formal notice to you (and whether the personal representative filed proof of service).
- If you cannot afford a private attorney, ask the clerk about local legal aid or pro bono programs that handle probate matters.
- Explore mediation early. Courts often favor settlement once missing information appears.
- Document everything. Emails, texts, and written statements from relatives can be persuasive evidence about who was notified and when.