Requesting a Court-Ordered Accounting in Virginia Probate

Short answer: Yes. If you are an interested person in a Virginia probate estate (for example, a beneficiary, heir, or creditor), you can ask the probate court to require the personal representative (executor or administrator) to provide a full accounting of estate assets and transactions. The court has authority to order accountings, examine records, and impose remedies if the accounting is incomplete or shows misconduct. See Virginia Code Title 64.2 for the statutes governing probate fiduciaries: https://law.lis.virginia.gov/vacode/title64.2/.

Detailed Answer

What is an “accounting”?

An accounting is a formal, itemized report of how the personal representative handled estate property. It typically lists assets on hand, receipts (money in), disbursements (money out), fees paid, creditor payments, distributions to beneficiaries, and the current estate balance. An accounting helps beneficiaries and the court confirm that the estate was administered properly.

Who can request an accounting?

In Virginia, an “interested person” may seek an accounting. That commonly includes heirs, beneficiaries named in the will, beneficiaries of a trust created by the will, and creditors with allowed claims. If you are unsure whether you qualify, contact the clerk of the circuit court where probate is pending or consult an attorney.

When should you ask for an accounting?

You may request an accounting at any point during administration when you have reason to review estate handling. Courts expect periodic or final accountings in many estates. If the estate is ongoing and you suspect mismanagement, request an accounting promptly to avoid loss of assets or delay in remedies.

How to request an accounting (practical steps)

1. Ask informally. Start by making a written request to the personal representative for an itemized accounting and copies of supporting records (bank statements, cancelled checks, receipts, inventory).
2. If the rep refuses or provides incomplete information, file a formal petition in the probate (circuit) court that is administering the estate. The petition asks the court to compel an accounting and schedule a hearing.
3. Serve the petition and notice of hearing on the personal representative and other required parties under local court rules.
4. At the hearing, present why you are entitled to an accounting and any evidence of irregularities; the court may order the rep to file an accounting, produce records, or allow discovery.

What can the court do if the accounting is inadequate or shows misconduct?

• Order a complete accounting with supporting documentation (bank records, cancelled checks, receipts).
• Appoint a commissioner, auditor, or master to review records or prepare an independent accounting.
• Surcharge the personal representative for losses, misapplied assets, or improper fees.
• Remove the personal representative for serious misconduct or incapacity, and appoint a replacement.
• Award costs or counsel fees in certain situations when the conduct justifies it.
• Refer potential criminal conduct (theft, embezzlement) to law enforcement or prosecutors.

What documents should you expect to see in a full accounting?

A complete accounting usually includes:

• Inventory and appraisement of estate assets.
• Bank statements, cancelled checks, deposit records.
• Receipts and invoices for expenses paid from estate funds.
• Records of creditor claims and payments.
• Records showing distributions to beneficiaries and remaining balances.
• Copies of tax returns filed for the estate, if any.

Timing and costs

The time a court takes to resolve an accounting petition varies with the estates complexity and local court schedules. Courts may require the personal representative to pay costs associated with producing records or an independent audit if the rep acted improperly. If you succeed in showing misconduct, the court may order the representative to pay attorney fees and surcharges.

When to hire an attorney

Consider hiring an attorney if you suspect fraud or theft, need to remove a personal representative, face complex accounting disputes, or want help drafting and filing the petition. An attorney can help preserve evidence, follow court procedure, and seek appropriate remedies.

Where to find the controlling law

Virginias statutes governing wills, fiduciaries, and probate administrations appear in Title 64.2 of the Code of Virginia. For the statutory framework and specific duties of personal representatives, see the Code of Virginia, Title 64.2: https://law.lis.virginia.gov/vacode/title64.2/.

Helpful Hints

• Start with a written, polite request to the personal representative asking for an accounting and specifying the period and documents you want.
• Keep copies of all communication and requests; dates and proof of service matter in court.
• Ask for an inventory and appraisement if one has not been filed; these provide a baseline of estate assets.
• Request bank statements and cancelled checks for all estate accounts; those often reveal payments and transfers.
• If you suspect missing assets or unauthorized transfers, preserve documents (copies of statements) and act quickly to avoid dissipation of assets.
• Check local circuit court clerks office for probate forms or procedural rules; clerks can explain filing locations and fees but cannot give legal advice.
• Consider a neutral review: a forensic accountant or attorney experienced in probate can sometimes spot problems faster than a court proceeding.

Disclaimer: This article explains general aspects of Virginia probate law and is for educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Virginia attorney.