What can I do if the personal representative sends me a payment without explaining how he calculated my share of the estate? — AZ | Arizona Probate

Detailed Answer — What to do if the personal representative sent a payment without explaining how your share was calculated (Arizona)

Short summary: Under Arizona probate practice, the personal representative (PR) must account for estate administration and distributions. If you received a payment but the PR did not explain how your share was calculated, you can request a written accounting and supporting documents, inspect the probate file, and, if necessary, ask the probate court to compel an accounting or take other corrective action.

1. Why you can ask for an explanation

The personal representative has duties to collect estate property, pay debts and expenses, and distribute the remainder to beneficiaries according to the will or law. Beneficiaries and heirs have the right to know how the estate was handled and how distributions were calculated. You can expect at minimum:

A statement of assets and liabilities of the estate.
A list of expenses and debts paid from the estate (including funeral costs, taxes, attorney and personal representative fees, and creditor claims).
The method used to value estate assets and to prorate or calculate each beneficiary’s share.

2. Practical first steps to take now

Get the distribution in writing. If you received funds by check, email or wire, keep the record and note the date and amount.
Send a written request for an accounting. Ask the PR to provide (a) the estate inventory, (b) any appraisals/valuations used, (c) a list of creditor claims paid, (d) expenses and fees charged to the estate, and (e) the calculation showing how your share was computed. Send the request by certified mail or other trackable method and keep a copy.
Review the court file. Probate administration in Arizona is generally a public court process. Check the probate case file for the petition, inventory, motions, accountings already filed, and court orders. You can access filings at the probate clerk’s office where the estate was opened; some counties offer online access.
Note any deadlines. If you intend to object to accountings or distributions, you may have statutory or court-imposed deadlines. Ask the court clerk or a lawyer about timing for objections or petitions.

3. If the PR refuses or ignores your request

If a polite written request gets no adequate response, you have options through the probate court:

Petition to compel an accounting. You can ask the probate court to order the PR to file a formal accounting that shows receipts, disbursements, asset values and the distribution calculations. The court can schedule a hearing.
Object to the accounting or distribution. If the PR files an accounting or seeks final distribution and you believe it is incorrect, you can file an objection and request discovery or a hearing.
Seek surcharge or removal. If the PR breached duties (for example, misapplied funds or failed to disclose), the court can surcharge the PR personally or remove and replace the PR.
Mediation or settlement. The court may encourage or order alternative dispute resolution before a contested hearing.

4. How to prepare your request and what to ask for

When you request an explanation, ask for specific documents and computations so the PR cannot rely on vague statements. For example:

Copy of the estate inventory and appraisals (A.R.S. Title 14 filings may include inventories).
Itemized list of creditor claims filed and paid, and amounts.
Itemized list of estate expenses and payments, including funeral, administration and tax payments.
Records of asset sales, receipts and settlement statements.
Computation worksheet showing how the PR arrived at the amount you received (including any pro rata calculations, deductions for debts, taxes, fees, or advances).

5. Where the law stands in Arizona

Arizona probate matters are governed by Title 14 of the Arizona Revised Statutes (Trusts, Estates and Protected Individuals). Title 14 sets out the PR’s duties, accounting requirements, and the probate court’s powers. For general reference, review Arizona Revised Statutes, Title 14: https://www.azleg.gov/arsDetail/?title=14. For practical court-level information and self-help resources, see the Arizona Judicial Branch probate page: https://www.azcourts.gov/selfhelp/Probate.

6. When to get a lawyer

If the PR refuses to provide a clear accounting, if the accounting appears inaccurate, or if large sums are involved, consult a probate attorney. An attorney can:

Draft and send formal demand letters.
File petitions or objections in probate court and represent you at hearings.
Help calculate whether the PR’s distributions follow the will, trust, or intestate succession rules.
Assess claims against the PR (surcharge, removal, conversion).

7. Practical timeline and costs

Simple requests and production of documents are usually low-cost. Litigation in probate court can be expensive and take months. Weigh the dollar amount at issue against likely attorney fees and court costs. In many cases a clear written demand and review of the file resolves the issue without litigation.

8. Sample short written request you can use

Use this as a starting point. Send by certified mail and retain a copy:

Dear [Personal Representative name],

I write as a beneficiary/next-of-kin in the estate of [decedent name]. On [date] I received a payment of $[amount]. Please provide, within 14 days, a written accounting showing the method used to calculate my share and copies of the following documents: estate inventory, appraisals or valuations used, itemized list of debts and creditor claims paid, itemized estate expenses and fees, and any computation worksheet showing how my payment was determined.

If you will not provide this information, please state the reason in writing. This is not a waiver of my rights to request further information or to seek relief from the probate court.

Sincerely,
[Your name and contact information]

9. Possible outcomes

The PR provides full documentation and a reasonable explanation — issue resolved.
The PR provides partial documentation — you ask for clarification or file a petition to compel a full accounting.
The PR refuses — you petition the court; the court may order an accounting, award fees, surcharge the PR, or remove the PR if misconduct occurred.

Helpful Hints

Always send requests in writing and keep copies of all correspondence and receipts.
Check the probate court docket and file before escalating. Many required documents are already filed and public.
Ask for valuations and dates of valuation. Distribution can change if assets were sold at different times.
Look for advances or inter vivos transfers that may have been deducted from your share — ask for proof and receipts.
If the PR claims high attorney or PR fees, request a fee breakdown and any court approval of those fees.
Small distributions sometimes result from outstanding creditor claims or taxes. Ask the PR to itemize these items.
If you pursue court action, document the value at stake so your lawyer can advise on costs vs. benefit.
Consider mediation if relationships are important and the dollar amounts do not justify protracted litigation.