What to do if a personal representative sends a payment without explaining how your share was calculated (Alabama)

Short answer: In Alabama, a personal representative (executor or administrator) has duties to account for estate assets and to act in the beneficiaries’ best interests. If you receive a payment with no explanation, you should first request a written, itemized accounting and supporting documents. If the representative refuses or the explanation looks wrong, you can ask the probate court to compel an accounting, to surcharge the representative for improper payments, or to remove the representative. Act promptly and keep a record of all communications.

Detailed answer — what the law and practical steps mean for you

Under Alabama probate law, personal representatives must administer an estate honestly and provide information to heirs and beneficiaries. The governing statutory framework for probate and decedents’ estates in Alabama is generally found in Alabama Code Title 43 (Probate). For an overview of the statutory framework, see: Alabama Code, Title 43 — Probate.

Below are common, practical steps you can take when you receive a payment with no explanation.

1. Request a written, itemized accounting immediately

Send a short written request (email or certified mail recommended) asking the personal representative for an itemized statement showing: how the payment was calculated, what assets were sold or used, what claims, expenses, taxes, or fees were deducted, and copies of any supporting documents (bank statements, bills paid, receipts, appraisals, contracts).
Be polite but specific: request a deadline (for example, 14 days) and state that you will seek court help if you do not receive a satisfactory explanation.

2. Review basic estate documents

Ask for copies of the will (if any), the probate petition, the court-issued letters of personal representative, and the estate inventory or preliminary account. Beneficiaries typically have the right to see those documents in many probates.
Compare what the personal representative paid you against any distributions described in the will or the likely intestacy shares (if there is no will).

3. Evaluate the explanation (if you get one)

Check whether the representative deducted funeral costs, debts, taxes, administration expenses, attorney fees, or other authorized charges. Those are common lawful deductions if they are valid and supported by records.
Look for duplicated charges, items that don’t relate to the estate, or unexplained subtractions. Keep written notes of anything that looks incorrect.

4. If the representative refuses or the accounting is inadequate: ask the probate court to compel an accounting

In Alabama you can petition the probate court where the estate is open to require a formal accounting. The court can order the representative to produce detailed books, records, and explanations. If the court finds mismanagement, remedies can include ordering repayment, surcharging the personal representative (making them personally liable for losses), or in serious cases removing the representative.
File the petition as soon as possible. Probate courts oversee estate administration and have authority to enforce fiduciary duties.

5. Other remedies if you suspect wrongdoing

Petition for surcharge: if the representative improperly paid themselves or others, the court can order them to reimburse the estate.
Motion for removal: in cases of dishonesty, gross mismanagement, or conflict of interest, you can ask the court to remove the representative and appoint a replacement.
Contesting transactions: if the rep made unauthorized transfers or sold assets improperly, you can ask the court to set those transactions aside.

6. Gather documentation and be ready to produce it

Collect communications, copies of the deceased’s will, your identification showing beneficiary status, bank records (if available), and any receipts or notices you received.
Make dated copies of every request and response. Courts favor organized records when resolving accounting disputes.

7. Consider negotiation or alternative dispute resolution

Sometimes the quickest solution is a meeting or mediation where the representative provides documents and explains the figures. This can save time and legal fees.

8. Get legal help if needed

Complex accounts, large estates, or suspected misconduct are situations where an attorney experienced in Alabama probate law can protect your rights. An attorney can draft demand letters, prepare and file probate motions, and represent you at hearings.

How to word a short written demand for accounting (sample)

“I am a beneficiary of the estate of [Decedent]. On [date] I received a cash payment of $[amount]. I request a written, itemized accounting showing how you calculated my share, including all deductions and supporting documents (invoices, receipts, statements). Please provide these materials within 14 days. If I do not receive a satisfactory response, I will ask the probate court to require a formal accounting.”

Where to file or get more information in Alabama

Probate court in the county where the person died handles estate administration. The Alabama Code’s probate provisions are at: Alabama Code, Title 43 — Probate.
For general court information, see the Alabama Judicial System site: judicial.alabama.gov.

Timing and why you should act quickly

Estate administration moves on a schedule. Administrators may seek to close an estate, pay final tax obligations, and make final distributions. If you wait too long you could lose the chance to contest payments or to obtain relief. Filing a written request promptly preserves your rights and creates a record should you need court intervention.

Helpful Hints

Always put requests in writing and keep copies.
Ask for an itemized accounting and supporting documents.
Be specific about deadlines (e.g., 14 days) to prompt a response.
Compare the payment to the will or expected intestate shares.
If the representative is an attorney for the estate, ask that the attorney produce the accounting and the legal basis for fees or deductions.
If communications break down, file a petition in probate court to compel an accounting rather than relying on informal pressure alone.
Act quickly — probate disputes get harder after the estate is closed.
Consult a probate attorney if the amounts or issues are significant — an attorney can explain remedies like surcharge, removal, or setting aside transactions.

Disclaimer: This article explains general information about Alabama probate practice and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Alabama attorney.