Understanding What to Do When a Personal Representative Sends a Payment Without Explaining the Calculation — Colorado Probate

Quick answer: If a personal representative (PR) sends you money from an estate but does not explain how your share was calculated, you can and should ask for a written accounting and supporting documents. If the PR refuses or the explanation is incomplete or incorrect, Colorado law gives interested persons the right to demand an accounting, object to distributions, and ask the probate court to compel an accounting or provide other relief (including surcharge or removal) under the Colorado probate statutes. This article explains practical steps to protect your rights and how the Colorado probate system works.

Disclaimer

This article is educational only and is not legal advice. I am not a lawyer. For advice specific to your situation, consult a licensed Colorado probate attorney.

How Colorado law frames the personal representative’s duties

Under Colorado’s probate law (Title 15, Colorado Revised Statutes), a personal representative has fiduciary duties to the estate and to interested persons (heirs, beneficiaries, creditors). These duties generally include collecting estate assets, paying valid debts and expenses, keeping clear records, and making distributions according to the will or the intestacy rules. Beneficiaries and other interested persons have the right to information about administration, including accountings and reports. For the official Colorado statutes governing probate and fiduciary duties, see Title 15, Colorado Revised Statutes: Title 15 (Probate) – Colorado Revised Statutes.

Step-by-step: What to do when you receive an unexplained payment

Ask for a written accounting immediately. Send a written, polite demand to the PR (email is OK if you have it) asking for a clear accounting showing how they calculated your share. Request the documents that support the calculation: the estate inventory, copies of the will (if any), ledgers showing receipts and disbursements, creditor payments, taxes paid, fees/commissions, and the formula used to allocate distributions.
What to include in your request. Ask for:
- Itemized estate inventory (assets and values).
- Itemized list of authorized payments (debts, taxes, funeral expenses, administration costs).
- The math showing gross estate minus debts/expenses = distributable estate, and how your individual figure was derived (per will terms or intestacy).
- Copies of any documents the PR relied on to value assets.
Keep records of communications. Save copies of your demand and any replies. If you communicate by phone, follow up with a confirming email or letter summarizing what was said.
Review the will or statutory shares (if no will). If you know there was a will, compare the PR’s payment to what the will prescribes. If there was no will, Colorado’s intestacy rules govern who gets what; you can find general probate information and local forms at the Colorado Judicial Branch probate forms page: Colorado Judicial Branch — Probate Forms.
If the PR refuses or the explanation is incomplete:
- File a petition in probate court asking the court to compel an accounting or for instructions. In Colorado you may file a motion or petition in the court that has jurisdiction over the estate asking the judge to order the PR to provide an accounting and supporting records.
- You may also object to the PR’s final account once it is filed, and the court will hold a hearing to determine whether the account is proper.
Consider alternative dispute resolution. If feasible, mediation can resolve accounting disputes faster and cheaper than formal court litigation.
If you suspect wrongdoing: Explore remedies such as surcharge (money owed back to the estate because of mismanagement), removal of the personal representative, or civil claims for breach of fiduciary duty. The probate court has authority to impose these remedies when administration has been improper.
Act promptly. Time limits can apply to objections and contests in probate. Don’t delay in asserting your rights.

What a proper accounting should show

A complete accounting typically includes:

Beginning assets (what the estate owned at decedent’s death).
Receipts (assets collected by the PR and any income received during administration).
Disbursements (payments to creditors, taxes, funeral expenses, attorney and PR fees, and other estate costs).
Gains or losses in asset values (if sold or revalued).
Net distributable estate and the exact calculation used to determine your share.

How distributions are usually calculated

Common reasons distributions differ from an obvious “equal split” include:

Payment of debts, taxes, and administration costs before distributions.
Specific bequests that reduce the residuary estate available to other beneficiaries.
Nonprobate transfers (life insurance, beneficiary designations) that do not pass through probate and therefore are not part of the distributable estate.
Valuations and claims against the estate that reduce the distributable pool.
Offset for advances (gifts made in lifetime that the decedent intended to be counted against an heir’s share).

If the personal representative is uncooperative: court remedies

If the PR fails to provide a reasonable accounting or you believe the PR mismanaged estate assets, you can ask the probate court for relief. Typical court remedies in Colorado include:

Order compelling an accounting or production of records.
Removal of the personal representative for cause (e.g., breach of fiduciary duty, mismanagement, failure to act).
Surcharge or monetary recovery from the PR for losses caused by misconduct.
Ordering repayment or correction of improper distributions.

To start a court action, file a petition in the county probate court where the estate is being administered. The Colorado statutes and local court rules control procedure and timing; consult the probate forms and local court clerk for filing instructions: Colorado Judicial Branch — Probate Forms.

Sample short demand you can send the personal representative

Use your own words, but a short template might say:

“I received the payment of $[amount] on [date]. Please provide, within 14 days, a written accounting and supporting documents showing: (1) the estate inventory and values used; (2) all disbursements and fees deducted from the estate; (3) the formula you used to calculate my share; and (4) any documents relied on to value assets or to support deductions. If I do not receive this information, I will seek relief from the probate court.”

Helpful Hints

Be polite but firm in writing. Courts prefer to see you tried to resolve the issue informally first.
Keep copies of everything: letters, emails, checks, deposits, and bank statements showing the payment.
Ask for a deadline (e.g., 14 days) for the PR to respond. A fixed deadline helps if you later go to court.
Contact the probate court clerk for procedural questions and to find out if the PR has filed any inventory, account, or petitions in the estate file.
Find out whether the estate has been opened in court and whether the PR has filed a formal inventory or interim/final account. If not, those filings will be important for your rights.
If the financial stakes are significant or the PR refuses cooperation, consult a Colorado probate attorney promptly about filing a petition to compel an accounting or other relief.
Consider mediation for faster, less expensive resolution when both sides are willing.
Review whether any assets passed outside probate (beneficiary designations, joint accounts). Those do not appear in estate accountings and can explain differences in payment amounts.

Where to get more information and forms

Colorado statutes on probate: Title 15, Colorado Revised Statutes (Probate) (contains the statutory framework for fiduciary duties, accountings, and remedies).

Colorado probate forms and resources: Colorado Judicial Branch — Probate Forms.

When to consult an attorney

If the PR does not produce requested records, provides an unsatisfactory explanation, or you suspect intentional misconduct, talk to a Colorado probate attorney. An attorney can evaluate whether the PR’s accounting is legally sufficient, draft and file the necessary petitions, and represent you at hearings. Acting quickly preserves rights and often prevents further estate depletion.