Can I ask the court to demand an accounting of all estate assets and transactions during probate?

Short answer: Yes. Under Alabama law, beneficiaries and interested parties may request and often are entitled to an accounting of the estate from the personal representative (executor or administrator). If the representative refuses or the accounting is incomplete or suspicious, you can ask the probate court to compel a formal accounting and to review the fiduciary’s handling of estate assets.

Detailed answer — what an accounting is and how it works in Alabama

An accounting is a documented, court-submitted record that shows the estate’s receipts, disbursements, assets on hand, and transactions the personal representative made while administering the estate. The purpose is to show beneficiaries and the court how the estate has been managed and to ensure the fiduciary fulfilled duties such as preserving assets, paying debts and taxes, and distributing property according to the will or law.

Who can request an accounting? Typical “interested persons” include: named beneficiaries in the will, heirs-at-law (if no will), creditors with a proper claim, and sometimes spouses or other persons with a legal interest in estate property. If you are listed in the probate petition or listed in the will, you usually qualify as an interested person.

What must the personal representative do? Alabama probate practice requires the personal representative to keep proper records and, when required, file inventories and accounts with the probate court. The court-supervised accounting shows assets at the start, assets received by the estate, expenses paid, distributions made, and remaining assets. The probate court supervises and approves allowances to the fiduciary (fees, reimbursements) when appropriate.

If the personal representative provides an informal accounting and questions remain, beneficiaries may ask for a formal filing. If the fiduciary refuses to provide information, you can file a petition in probate court asking the judge to order a formal accounting and to inspect estate records.

How to ask the court to demand an accounting — practical steps

Check the probate file. Visit the probate court handling the estate and request copies of filings: the petition for administration, letters of administration, inventories, any accounts already filed, and pleadings. Probate files are typically public to interested persons.
Ask the personal representative informally. Put your request in writing asking for an itemized accounting and copies of supporting documents (bank statements, receipts, canceled checks, sale documents). Keep copies of your correspondence.
If you do not receive a satisfactory response, file a petition (or motion) in probate court. Request the court to order the personal representative to file a formal account and to produce documents. Explain why you believe an accounting is necessary (no inventory filed, unexplained transfers, long delay in distribution, or other irregularities).
Serve notice. The probate court will generally require notice to the personal representative and other interested parties. Be prepared to show you are an interested person under Alabama law.
Attend the hearing. The court will consider the petition and can order the representative to file an accounting, produce documents, or, in serious cases, appoint a special fiduciary, surcharge the representative (financially), or remove the fiduciary from office.

Possible court remedies if problems are found

Order the fiduciary to file a full accounting and produce supporting documents.
Authorize subpoenas or discovery to obtain bank records, receipts, and third‑party documents.
Surcharge the fiduciary for losses caused by mismanagement or improper transactions.
Remove or replace the fiduciary if there is misconduct, incompetence, or a conflict of interest.
Authorize civil claims against the fiduciary for breach of fiduciary duty or conversion of estate property.

How Alabama law supports a beneficiary’s right to an accounting

Alabama probate practice provides processes for inventories and accounts, and allows interested persons to challenge or request further accounting in probate court. For the authoritative text on probate, see the Code of Alabama (Title 43 — Wills, Probate and Administration) and the local probate court rules. You can review the Code of Alabama at the Alabama Legislature’s website: https://www.legislature.state.al.us/. The probate court’s clerk can also explain local filing practices and any form requirements.

Timing — when to request an accounting

Request an accounting if any of the following apply:

The personal representative has delayed administration for a long time without clear reason.
No inventory or only an incomplete inventory has been filed with the court.
There are unexplained transfers, sales, or distributions of estate assets.
Payments to the representative (fees or reimbursements) are unclear or excessive.
You suspect fraud, self-dealing, or improper expenses charged to the estate.

What documents to request or bring if you petition the court

All inventories and supplemental inventories filed with the court.
Any accountings already filed and the underlying supporting documents (bank statements, check images, receipts, closing statements for property sales).
Copies of deeds, titles, and bills of sale for assets sold or transferred.
All correspondence between the fiduciary and third parties about estate assets.
Records of payments to creditors, tax filings for the estate, and proofs of claim.

Costs and possible consequences

Filing a petition to compel an accounting may produce court costs and, if an attorney is needed, attorney fees. If the court finds misconduct or unjustified delay, it may order the fiduciary to pay costs and fees and may award damages. In some cases, the court can surcharge the fiduciary and order removal.

Helpful Hints

Start by requesting an informal accounting in writing. Clear, documented requests often resolve issues without court action.
Keep careful records of all your communications and any documents you receive from the fiduciary.
Be specific in your petition to the court: list the items you believe are missing, suspicious transactions, or areas where records are lacking.
Check the probate court’s website or call the probate clerk for local forms and procedural requirements.
Act promptly. Probate administration has statutory timelines for certain actions; delays can make recovery harder.
If the matter is complex or involves large sums, consider consulting an attorney experienced in Alabama probate and fiduciary law to evaluate potential claims against the fiduciary.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed attorney in Alabama.