Wisconsin Probate: How to Ask the Court to Order an Accounting of Estate Assets

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Short answer

Yes. Under Wisconsin probate practice, beneficiaries, heirs, and other “interested persons” can ask the court to require a personal representative (also called an executor or administrator) to provide a full accounting of estate assets, receipts, disbursements, and transactions. If the representative refuses or the accounting appears incomplete, you can file a petition asking the probate court to order an accounting, compel production of records, and provide remedies if the fiduciary breached duties.

Detailed answer — what an accounting is and who can request one

An accounting is a clear, written record that shows the estate’s financial activity during administration. It typically lists assets at the start, money received (rents, proceeds, interest), payments made (bills, taxes, funeral costs, distributions), current asset values, and a proposed plan for final distribution. People who commonly have a right to request an accounting in Wisconsin include:

  • named beneficiaries under the will;
  • intestate heirs (if there is no valid will);
  • creditors with recognized claims; and
  • other “interested persons” as defined by probate practice (people with a financial stake in the estate).

Wisconsin courts provide public guidance about probate administration and interested-person status on the Wisconsin Courts website: https://www.wicourts.gov/services/public/selfhelp/estate/index.htm. For the full set of Wisconsin statutes, see the state statutes index: https://docs.legis.wisconsin.gov/statutes.

When you can and should ask for an accounting

Common reasons to seek a court-ordered accounting include:

  • You have not received regular reports or a timely inventory from the personal representative;
  • Transactions seem missing, unclear, or suspicious;
  • Large or unexplained payments were made;
  • You suspect self-dealing, waste, or mismanagement; or
  • You need documentation for tax or distribution questions.

Even if the estate is being administered informally (unsupervised), beneficiaries still have rights. Unsupervised administration gives a representative more day-to-day freedom, but it does not eliminate the fiduciary duty to keep accurate records or the court’s power to require an accounting.

How to request an accounting — practical steps

  1. Review the probate file. Many probate actions are public. Visit the court clerk’s office or the court’s online docket to see filings already made.
  2. Make a written demand. Send a polite, dated written request to the personal representative asking for an accounting and copies of key records (inventory, bank statements, receipts, bills, sale documents).
  3. If the representative refuses or provides an inadequate response, file a petition with the probate court. The petition typically asks the court to order the fiduciary to file an accounting and to produce supporting documents.
  4. Serve interested parties. Follow local court rules for service so the representative and other interested persons receive notice.
  5. Attend the hearing. The court will consider the petition, review the accounting (if one is filed), and may order additional discovery, a forensic accounting, or sanctions if the fiduciary failed in duties.

Local court clerks can explain filing steps and fee requirements. See the Wisconsin Courts probate self-help pages: https://www.wicourts.gov/services/public/selfhelp/estate/index.htm.

What an accounting should include

A proper accounting typically contains:

  • an opening statement of estate assets (what the estate owned when administration began);
  • all receipts and sources of income during administration;
  • all expenditures with receipts or vouchers (debts paid, taxes, funeral expenses, probate costs, attorney fees, and distributions);
  • current values of remaining assets and how those values were determined; and
  • a proposed final distribution and a statement of proposed fees or commissions.

Possible court remedies if the accounting shows problems

If the court finds the accounting is incomplete or shows wrongful acts, potential remedies include:

  • an order compelling a full and verified accounting;
  • appointment of an auditor or ordering a forensic accounting;
  • removal of the personal representative;
  • surcharge or monetary recovery against the fiduciary for losses, misappropriation, or breach of duty; and
  • payment of costs and attorneys’ fees, where the court finds it appropriate.

Costs and timing

Requesting an accounting may trigger additional time and expense. Courts can require the estate to pay reasonable costs for an accounting or an auditor when the petition has merit, but outcomes vary. Consider the estate’s size and the likely benefit before pursuing an expensive forensic accounting.

Helpful hints

  • Start by asking for basics: a copy of the inventory, bank statements, check register, and receipts for large expenditures.
  • Keep communication written. Save emails and letters as evidence of requests and responses.
  • Check the probate docket early. Some information may already be filed with the court.
  • Gather your documents: a copy of the will (if any), beneficiary statements, communications with the representative, and any receipts you possess.
  • If the estate administration is unsupervised, don’t assume no oversight exists — the court still has authority to act on a petition by an interested person.
  • Consider mediation or negotiation first if parties can cooperate; it can save time and money.
  • If the accounting looks complex or you suspect fraud, consult an attorney experienced in Wisconsin probate for advice on evidence, petitions, and remedies.

Where to learn more and next steps

For general information about probate in Wisconsin, start at the Wisconsin Courts self-help pages: https://www.wicourts.gov/services/public/selfhelp/estate/index.htm. For statutory text, consult the Wisconsin statutes at https://docs.legis.wisconsin.gov/statutes. If you decide to file a petition, the local probate court clerk can explain filing procedures and forms.

Disclaimer: This article explains general principles of Wisconsin probate practice and is for educational purposes only. It is not legal advice. If you need advice about your specific situation, consult a licensed Wisconsin attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.