Detailed Answer — What to do when a personal representative sends a payment without explaining how your share was calculated (Virginia)
Short answer: In Virginia you can ask the personal representative (PR) for a written accounting and supporting documents. If the PR refuses or the explanation is insufficient, you may ask the circuit court that is handling the estate to require an accounting, and you may pursue remedies (correction, surcharge, or removal) through the probate court. This page explains practical steps, what to request, and how the probate law framework in Virginia supports beneficiary rights.
Why this matters
Beneficiaries have a right to know how distributions were calculated so they can verify the PR correctly paid debts, taxes, expenses, and distributed assets according to the will or Virginia intestacy rules. A payment without explanation can hide mistakes, omitted assets, or improper deductions.
Key Virginia law reference
Virginia law governing wills, fiduciaries, and estate administration is found in Title 64.2 of the Virginia Code. Useful statutory text and definitions live there: Virginia Code, Title 64.2 — Wills, Trusts, and Fiduciaries. If you need a court order compelling an accounting or other relief, those procedures and fiduciary duties are set out in the statutes and in probate practice under that title.
Step-by-step actions to take
- Ask for a written explanation right away. Send a short, polite written request (email plus certified mail recommended) asking the PR to explain how your payment was calculated and to provide copies of the documents used (estate inventory, account statements, bills paid, receipts, tax returns, and any sale or valuation documentation). State a reasonable deadline (for example, 14 days).
- Request an accounting and inventory. Under Virginia estate practice, beneficiaries can request an inventory and an accounting of estate transactions. Ask for the estate inventory and the accounting showing all receipts, disbursements, fees, and the method used to allocate assets or cash among beneficiaries.
- Compare the payment to the will or intestacy rules. If there is a will, the will governs distributions. If there is no will, Virginia’s intestacy rules (Title 64.2) determine shares. Verify whether the PR’s payment aligns with the will’s language or the statutory share.
- Document everything. Keep copies of the check or transfer, all correspondence, and any documents the PR sends. Note dates and amounts. A clear paper trail helps if you need to involve the court or an attorney.
- If the PR refuses or the answer is incomplete, petition the probate court. You can ask the circuit court that admitted the will (or otherwise has probate jurisdiction) to compel a formal accounting. The court can require the PR to file an account, produce supporting documents, and can review the PR’s actions for breaches of duty. If the PR misapplied assets, the court can order repayment, surcharge the PR, or remove the PR in serious cases.
- Consider negotiation or mediation first. If the issue seems to be a misunderstanding or a bookkeeping error, a mediated conversation (with all beneficiaries or between you and the PR) can sometimes resolve things faster and cheaper than court action.
- Hire a probate attorney if needed. If the estate is large, the accounting is complex, or the PR is uncooperative, a lawyer who handles Virginia probate can evaluate your claims, prepare a petition, and represent you in court.
What to ask for in writing (sample checklist)
- Copy of the estate inventory or schedule of estate assets and their valuations.
- Detailed accounting (receipts and disbursements) showing how cash was collected and used.
- Copies of bills paid from the estate (funeral, medical, taxes, creditor claims).
- Records of any sales of estate property and how sale proceeds were applied.
- Personal representative’s fees and any attorney fees or commissions claimed.
- Tax returns filed for the decedent and estate (if applicable) and any tax calculations that affected distributions.
Possible outcomes
- The PR provides a clear accounting and either confirms your payment was correct or issues a corrected payment.
- The PR revises distributions after checking estate records and beneficiary concerns.
- The court compels a formal account, orders repayment or surcharge if the PR misapplied funds, or in extreme cases removes the PR for breach of fiduciary duty.
Practical tips and timing
Act promptly. If you delay, documents can be lost and statutory or procedural deadlines may affect your options. Start with a written request — courts expect beneficiaries to try to resolve issues before seeking formal relief. Keep communications professional and focused on the documents and math behind the distribution.
When to get a lawyer
Talk to a probate attorney if the PR:
- Refuses to provide records;
- Sells assets without documentation or at suspiciously low prices;
- Makes inconsistent explanations or appears to have conflicts of interest; or
- The amount at stake justifies the cost of legal help.
Helpful Hints
- Send requests in writing and keep copies. Certified mail with return receipt adds proof of delivery.
- Be specific. Ask for the exact items used to calculate your share (e.g., “Provide the estate accounting showing how $X was deducted for funeral expenses and how $Y was allocated to beneficiaries”).
- Request a deadline (e.g., 14 days) to reduce delay and create a record if court action becomes necessary.
- Don’t cash a check unless you accept it as final. Cashing a check may complicate later efforts to recover additional funds if the payment was partial or incorrect.
- Ask other beneficiaries if they received the same level of documentation. A pattern of incomplete disclosures supports a court petition for an accounting.
- Keep emotions out of written requests. Focus on facts, amounts, and documents that show how distributions were calculated.
- If the estate is independently administered (no court supervision), you may still request an accounting and petition the court if needed.
Disclaimer: This article provides general information about Virginia probate practice and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, contact a licensed Virginia probate attorney.