What to do if a personal representative sends a payment with no explanation

Quick answer

If a personal representative (also called an executor or administrator) sends you a distribution but does not explain how they calculated your share, you have the right to ask for a written accounting and supporting documents. If the explanation you receive is incomplete or incorrect, you may ask the probate court to compel a formal accounting, review the distribution for errors or misconduct, and—if needed—seek remedies such as surcharge or removal of the personal representative. Act promptly, preserve all documents, and consider consulting a West Virginia probate attorney.

Detailed answer — steps to take in West Virginia

Below is a practical, step-by-step approach. I include links to West Virginia’s statutes and court resources where applicable so you can follow up.

1. Ask for a written explanation and documents.

   Start by requesting, in writing, a clear accounting of how the payment was calculated. Ask for the estate inventory, a list of debts paid, receipts for expenses, and the calculation used to determine your share. Keep a copy of your request and any replies.

2. Know what an accounting should include.

   An estate accounting typically shows: assets at the start, funds collected, debts and taxes paid, administration expenses, distributions already made, and the net amount available for beneficiaries. If there is a will, the accounting should reflect the will’s terms. If there is no will, the accounting should reflect intestate distribution rules under West Virginia law. See West Virginia Code, Chapter 42 (Descent and Distribution) and Chapter 44 (Decedents’ Estates) for statutory background: https://code.wvlegislature.gov/42/ and https://code.wvlegislature.gov/44/.

3. Review the will and probate pleadings.

   Ask the personal representative (or the probate clerk) for a copy of the will, any codicils, the inventory filed with the court, and any petitions or orders in the estate file. Many counties allow public inspection of the probate file at the local clerk of court or online through the county probate portal. The West Virginia Judiciary site can help you find court contact information: https://www.courtswv.gov/.

4. Request a formal accounting in probate court if needed.

   If the written explanation is inadequate, you can ask the probate court to require the personal representative to file a formal accounting. Courts regularly review fiduciaries’ accounts to ensure they properly administered the estate. If the personal representative refuses or the accounting reveals problems, the court can order corrections or remedies.

5. Consider remedies for improper administration.

   If the accounting shows errors, self-dealing, unreasonable expenses, or failure to follow the will or law, beneficiaries can ask the court to surcharge the personal representative (require them to repay losses), remove them, or seek other equitable relief. The probate court handles these petitions under the decedent’s estates statutes and its equitable powers. See Chapter 44 of the West Virginia Code for the probate court’s authority: https://code.wvlegislature.gov/44/.

6. Watch deadlines and preserve evidence.

   Act quickly. Preserve emails, letters, checks, bank statements, and any communication about the payment. Time limits to contest distributions or file certain petitions can vary. Contact the probate clerk in the county where the estate is being administered for local deadlines and procedures.

7. Get help when necessary.

   If the estate is large, the accounting is complex, or you suspect misconduct, consult a West Virginia probate attorney. An attorney can review the accounting, advise you about likely outcomes, and file necessary motions in court. If you cannot afford a lawyer, the probate clerk may be able to point you to low-cost resources or self-help forms.

Short hypothetical example

Suppose you are a beneficiary under a will and you receive $8,000 with no explanation. You request an itemized accounting and receive only a one-line note saying “distribution made after expenses.” You should (1) send a written demand for the estate inventory and detailed accounting; (2) review the will and any inventory filed with the court; and (3) if the response remains inadequate, ask the probate court to compel a formal accounting and review the distribution. If the accounting shows that the personal representative deducted improper expenses, you may ask the court to surcharge the representative.

Helpful Hints

• Put all requests and communications in writing and keep copies.
• Ask for the estate inventory, receipts, creditor claims paid, and the calculation used to determine your share.
• Check whether the will specifies timing or method of distributions; that controls how shares are calculated.
• Contact the probate clerk in the county where the will was probated to view the estate file and learn local procedures.
• Use the West Virginia Code for background on intestate succession and probate powers: https://code.wvlegislature.gov/42/ and https://code.wvlegislature.gov/44/.
• If the matter is simple (a small estate or clear accounting), a brief demand letter from a lawyer may solve it without court. If it’s complex, you may need to file a petition in probate court.
• Preserve bank statements, copies of checks, correspondence, and any documents the personal representative sends or withholds.
• Act quickly—delays can limit remedies. Check with the probate clerk about statutory time limits for contesting distributions.

Where to learn more or get local help: Visit the West Virginia Legislature’s code site for statutory text: https://code.wvlegislature.gov/. For court procedures and contact information, visit the West Virginia Judiciary: https://www.courtswv.gov/.

Disclaimer

This article explains general concepts under West Virginia law to help you understand options when a personal representative sends a payment without explanation. This is not legal advice. For advice about your specific situation, contact a licensed West Virginia attorney.