Can I challenge a probate accounting in Illinois more than a year after the court approved it?

Short answer: Possibly — but your options are limited and time-sensitive. If the court entered a final approval (a decree) and you did not timely appeal or object, you may still be able to reopen the matter in narrow circumstances: lack of notice, fraud or misconduct by the executor, newly discovered evidence, or jurisdictional defects. The most common procedural routes are a petition for relief from judgment under the Illinois Code of Civil Procedure, a probate petition to surcharge or reopen the estate under the Illinois Probate Act, or a separate civil action against the personal representative for breach of fiduciary duty. Each path has strict rules and deadlines. You should gather the case file and consult a probate attorney promptly.

Detailed answer — what this looks like under Illinois law

1) Identify what the court actually did

Start by getting certified copies of every probate filing and the court order that approved the accounting. Was the court’s order a final decree that closed the estate? Or was it an interim approval while administration continued? A final decree that closes the estate is treated differently from an interim settlement and is harder to reopen.

2) Common legal grounds to challenge an approved accounting after a year

Lack of proper notice: If you did not receive required notice of the accounting or settlement hearing, you may be able to attack the approval as void or voidable.
Fraud or intentional concealment: If the personal representative or others concealed transactions or falsified records, courts may grant relief to victims of extrinsic fraud or fraud that prevented a fair opportunity to contest.
Newly discovered evidence: Evidence that could not reasonably have been discovered earlier and that would likely change the outcome can justify reopening in some cases.
Lack of jurisdiction: If the probate court lacked jurisdiction over the person or property, the order may be void and subject to attack at any time.
Continuing fiduciary liability: If the estate still has assets or the representative remains in office, the court retains supervisory powers and may entertain motions for surcharge or further accounting.

3) The usual procedural routes

Which path applies depends on the facts:

Petition under the Probate Act to reopen, surcharge, or remove the personal representative: Illinois probate courts retain supervisory powers over ongoing administrations. If administration continues or assets remain, you can petition the probate court for an additional accounting, for surcharge (money owed by the representative), or for removal. The Illinois Probate Act governs probate procedure; see the Probate Act of 1975 for statutory framework: 755 ILCS 5/ (Probate Act of 1975).
Petition for relief from judgment (civil procedure) — 735 ILCS 5/2-1401: If you missed the window to appeal or to object, you can seek equitable relief from a final order under Illinois’s 2-1401 procedure. Typical grounds include fraud, mistake, or newly discovered evidence that prevented a fair presentation. This is a collateral attack on a final judgment and has specific pleading, timing, and proof requirements. See the Illinois Code of Civil Procedure for the statute: 735 ILCS 5/ (Code of Civil Procedure). (A 2-1401 petition is complex—procedural deadlines and burden of proof can be strict.)
Separate civil action against the executor or others: If the representative committed breaches of fiduciary duty, conversion, embezzlement, or negligence, you can sometimes pursue a civil suit for money damages or for an accounting. Statutes of limitations and the specific causes of action vary, so immediate consultation is important.
Appeal or motion to vacate (if the order is recent enough): If the court’s order was within the appeal window (generally short), you should use the normal appellate path. If you are beyond the appeal window, appellate remedies are not available; the 2-1401 petition, or a probate reopening, are the typical alternatives.

4) What the court will consider

Courts weigh several factors when deciding whether to reopen an approved accounting:

Whether the objecting party had timely notice and a fair opportunity to be heard;
Whether the alleged wrongdoing was extrinsic (prevented fair litigation) or merely intrinsic (fraud within the proceedings), since extrinsic fraud more readily supports reopening;
Whether reopening or relief would unduly prejudice innocent third parties or creditors;
Whether assets remain in the estate or administration is still open.

5) Practical timelines and urgency

Statutes of limitation and equitable time bars can cut off claims. Even if you believe the court approved an accounting unfairly, you should act quickly. Gathering the probate file, financial records, bank statements, and communications will help your attorney evaluate available remedies.

Hypothetical example (to illustrate)

Maria learns two years after the probate court approved the executor’s final accounting that the executor diverted sale proceeds to a personal account and paid herself unauthorized commissions. Maria did not receive notice of the accounting hearing. Her likely steps:

Obtain certified copies of the estate file and the approval order from the probate clerk.
Ask counsel to review whether proper notice was given and whether the approval order closed the estate.
If notice was inadequate, file a petition under the Probate Act to reopen the accounting and seek surcharge. If the order is final and notice was deficient, also consider a 2-1401 petition seeking relief from judgment based on lack of notice and fraud.
Preserve bank records and communications, and, if appropriate, seek pre-suit discovery or a court order requiring an accounting.

Key Illinois statutes (useful starting points)

Probate Act of 1975 (general probate rules and accountings): 755 ILCS 5/ (Probate Act of 1975)
Illinois Code of Civil Procedure — petition for relief from judgment: 735 ILCS 5/ (Code of Civil Procedure) (see section 2-1401 and related provisions)

When to hire an attorney

If you suspect improper accounting and more than a year has passed since approval, talk to a probate attorney immediately. An attorney can:

Review the probate file and identify whether the order was final;
Determine whether you received legally required notice;
Advise whether to file a 2-1401 petition, probate petition, or a civil suit;
Preserve evidence and prepare the required pleadings and supporting affidavits.

Helpful Hints

Act quickly. Even if the approval occurred over a year ago, statutory and equitable bars can apply.
Get certified copies of the full probate file from the clerk. The file shows notices, objections, accountings, and the exact language of the court’s order.
Check whether the estate remains open. If administration continues, the probate court is more likely to grant relief.
Collect financial records now (bank statements, cancelled checks, asset sale documents). Those records often decide the case.
Keep communications in writing. Preserve emails, letters, and texts involving the personal representative and third parties.
Be prepared to explain why you did not object earlier. Courts focus on whether you had a fair chance to contest the accounting the first time.
Don’t rely on informal promises from the executor. Formal court action is needed to recover assets or hold a representative accountable.

Disclaimer: This article explains general Illinois probate concepts and procedures. It is educational only and is not legal advice. Probate law is fact-specific and complex. For advice about your situation and deadlines that may apply to your case, consult a licensed Illinois attorney promptly.