Detailed Answer
If a personal representative (also called an executor or administrator) sends you a distribution but does not explain how your share of the estate was calculated, you have clear rights under Florida law and practical steps you can take to protect your interests.
Short version: ask for a written accounting and supporting records right away. If the personal representative refuses or the explanation is incomplete, you can ask the probate court to compel an accounting, and you may be able to seek other court relief (such as surcharge or removal) if the representative has breached fiduciary duties.
Legal basis under Florida law
Florida’s probate statutes require the personal representative to administer the estate in good faith and to keep accurate records and accounts of estate transactions. For the statutes that govern administration and the duties of personal representatives, see Chapter 733 of the Florida Statutes: Florida Statutes, Chapter 733 (Administration of Estates). (You can also review related provisions on intestate succession and distribution in Chapter 732: Chapter 732.)
What the personal representative should provide
When you request an explanation of a distribution, the personal representative should provide a clear, written accounting that shows:
- what assets were in the probate estate;
- what debts, expenses, taxes, and administrative costs were paid or remain unpaid;
- a list of receipts and disbursements (with dates and amounts);
- the formula or authority used to compute your share (for example, will language or intestacy law); and
- any deductions taken before distribution (e.g., creditor claims, funeral or administrative expenses, attorney fees, court-approved allowances).
These items let you verify that the distribution matches the will or the law and that the representative didn’t improperly withhold funds.
Practical steps to take now
- Request a written accounting and supporting documents. Send a clear, dated written request (email or certified letter) asking the personal representative to provide a detailed accounting and the documents that support the calculation (inventory, receipts, creditor claims, copies of any court orders). Keep a copy of your request.
- Ask specific questions. Identify items you don’t understand (e.g., “Why was $10,000 withheld for funeral costs?”). Request the method by which your share was computed (specific will paragraph or statute basis).
- Set a reasonable deadline. Give the personal representative a reasonable time to respond (commonly 14–30 days). Be courteous but firm. Many issues resolve after a single written request.
- Preserve records and communications. Save the check, the accompanying letter, any accounting you receive, and copies of all written requests and responses.
- Consider a demand through counsel. If the representative is uncooperative, a lawyer can send a formal demand letter. This often prompts production of records and prevents escalation.
If the personal representative refuses or gives an inadequate explanation
If your written request does not produce a sufficient accounting, you can ask the probate court to compel an accounting. Florida’s probate court supervises estate administration and can require the personal representative to file a formal account and produce documentation for the court and beneficiaries’ review. You can also ask the court for additional relief if you believe the personal representative acted improperly, including:
- an order compelling a full accounting;
- an order of surcharge (financial liability) against the personal representative for losses caused by misconduct or negligence;
- a petition to remove the personal representative for misconduct, incapacity, or failure to perform duties; and
- instructions on interpreting ambiguous will provisions or distributions.
Filing such a petition starts a court process where the court evaluates the representative’s conduct and the estate records. Because courts can award costs and attorney fees in some circumstances, consult an attorney about likelihood and strategy.
Timing and practical concerns
Act promptly. Some estate actions have time limits and distributions can be final if beneficiaries accept and release funds. If you cash a distribution check, review any accompanying release or receipt carefully. Do not sign a full release of claims before you understand the accounting. If you already cashed a check and later discover errors, you may have remedies—but delay can complicate recovery.
When to consult a probate attorney
If the representative refuses to provide records, if the accounting shows suspicious transactions, or if the distribution appears inconsistent with the will or Florida law, consult a probate attorney. An attorney can:
- explain whether the representative complied with Florida law;
- request a formal accounting from the court;
- file petitions for surcharge or removal if appropriate; and
- represent you in settlement talks or court proceedings.
Even if the amount at stake is small, an attorney can help you avoid signing releases that limit future claims.
Sample request checklist (what to ask for in writing)
- Copy of the decedent’s will and any codicils and of the probate court’s docket and all filings;
- Inventory of estate assets and appraisals;
- List of creditor claims and payments to creditors;
- Detailed account showing all receipts and disbursements;
- Copies of invoices for funeral, administrative, and attorney fees;
- Calculation showing how your share was computed (including the legal basis).
Example (hypothetical)
Suppose a decedent’s will leaves one-third of the estate to you. The personal representative sends you $12,000 without explanation. You ask in writing for the accounting and supporting records. The representative replies that debts and “administration expenses” reduced your share but provides no detail. You then send a second written request asking for invoices and amounts paid to creditors. If you still get no detail, you can file a petition in the probate court asking the court to order a formal accounting and to review whether those payments were proper.
Where to find forms and court information
Florida’s clerks of court handle probate filings; local court websites list filing procedures and forms. For statutory guidance, see Florida Statutes Chapter 733 (administration of estates). The Florida Courts website provides general information about probate and how to find local clerk contact information: Florida Courts.
Bottom line: You have the right to a written accounting and supporting records. Start with a clear written request. If that fails, the probate court can compel an accounting and provide other relief. If the situation is complex or the representative resists, speak with a probate attorney promptly.
Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Florida probate attorney.
Helpful Hints
- Always request an accounting in writing and keep copies of all communications.
- Don’t sign releases or receipts that waive future claims until you understand the distribution.
- Ask for invoices, creditor claim details, and the formula used to calculate your share.
- Be specific in your request—cite the will paragraph or intestacy rule, if you know it.
- Give the personal representative a reasonable deadline (14–30 days) to respond, then escalate if needed.
- If the representative is uncooperative, consider a lawyer’s demand letter before filing in court—this often resolves disputes faster and less expensively.
- Keep copies of the distribution check and any bank deposit records; these can be evidence if you later need to seek recovery.
- If you suspect fraud, theft, or serious misconduct, contact an attorney quickly—criminal or civil actions may follow.