Quick answer

If a probate court has approved an accounting and more than a year has passed, you generally cannot appeal as if the order were fresh — the normal direct-appeal window is short and may be closed. However, Indiana law and court practice provide alternative remedies that can still be available: asking the probate court to set aside or reopen its decree (often via a motion under the court’s inherent authority or relief-from-judgment procedures), filing a petition to surcharge the fiduciary for breach of duty, or pursuing separate civil claims against the fiduciary (for fraud, breach of fiduciary duty, conversion, etc.). The exact path depends on the reason you did not act earlier (e.g., newly discovered evidence or fraud), the nature of the alleged misconduct, and applicable procedural rules and statutes. See Indiana Code Title 29 (probate laws) and the Indiana Trial Rules for procedural rules applicable to relief from judgments.

Detailed answer — legal background and common routes

1) Check finality and appeal deadlines first

When the probate court approves a final accounting and issues a decree, that order becomes final for most purposes. Direct appeals from probate orders are governed by strict timelines in Indiana court rules and local procedures. Those appeal windows are typically short, so if you are outside that period a direct appeal is usually no longer available.

2) Relief from judgment / set-aside motions

Even after the appeal window closes, Indiana courts can in some circumstances set aside or modify a prior probate order. Courts consider motions to reopen or set aside final orders when there is convincing reason: for example, material fraud or concealment by the fiduciary, newly discovered evidence that could not reasonably have been found earlier, clerical errors, or lack of jurisdiction. These requests may be brought under the court’s inherent equity powers and/or under procedural rules that allow relief from final judgments. You must show why the court should revisit the prior approval and explain why you did not bring the issue earlier.

3) Petition to surcharge or remove the fiduciary

If the problem is that the personal representative misapplied assets, concealed transactions, or breached fiduciary duties, you may petition the probate court to surcharge the fiduciary (require repayment of losses), to remove the fiduciary, or to require a new accounting. These petitions ask the court to enforce fiduciary duties and make the estate whole. Even if the accounting received prior approval, proof of fraud, intentional concealment, or material breach can justify reopening matters and obtaining remedies.

4) Separate civil claims against the fiduciary

You may also have independent civil causes of action (for breach of fiduciary duty, conversion, fraud, or unjust enrichment) that are not strictly limited to the probate proceeding. Such claims may have their own statutes of limitations. If you file a separate lawsuit, the court can sometimes compel an accounting or seek damages. Timing rules and limitations vary by claim, so consult counsel quickly.

5) Criminal or regulatory referrals

If the conduct appears to be criminal (theft, check forgery, embezzlement), you can bring evidence to the county prosecutor or law enforcement. Criminal investigations have different standards and timelines but can prompt civil remedies or motivate courts to act.

6) Legal standards the court will apply

Court decisions turn on (a) whether the prior approval was procured by fraud or concealment; (b) whether the evidence was newly discovered and could not have been discovered with reasonable diligence earlier; (c) whether the relief requested is equitable and will prejudice innocent parties; and (d) whether the petition was brought within a reasonable time after discovery of the problem. Courts balance finality of judgments against the need to correct serious wrongs.

Relevant Indiana law and rules (starting points)

• Indiana Code, Title 29 — Probate matters and the court’s authority over estate administration. See: Indiana Code Title 29 (Probate).
• Indiana Rules of Procedure — relief-from-judgment principles and court rules that probate courts may apply. See: Indiana Trial Rules.
• Indiana Judicial Branch resources on probate practice and forms may help you find the local procedures and how to file petitions. See your court’s probate pages at the Indiana Judicial Branch: Probate Courts — Indiana Judicial Branch.

These links are starting points. Specific statutory sections that apply to your situation depend on the nature of the claim you plan to bring (e.g., breach of fiduciary duty, accounting disputes, surcharges, or enforcement actions). A probate attorney can point to the precise code sections and local rules that will govern filing deadlines and procedures in your county.

Practical step-by-step process to contest or reopen an approved accounting

1. Act quickly after discovery. Even if more than a year has passed since approval, many remedies require you to move promptly after you learn of the problem.
2. Gather and preserve evidence. Collect bank statements, cancelled checks, transaction histories, emails, appraisals, trusts, deeds, or other documents showing questionable transactions. Preserve originals and make copies.
3. Request a copy of the probate file and the approved accounting. Obtain the court’s decree, the personal representative’s account, and any related filings so you can see exactly what was disclosed to the court and what was not.
4. Determine your legal theory. Are you alleging fraud, concealment, clerical error, a mistake of fact, breach of fiduciary duty, or theft? Your theory shapes whether you ask the court to set aside its decree, seek a surcharge, or bring a separate civil claim.
5. Consult an Indiana probate attorney immediately. An attorney can evaluate whether the probate court can reopen the matter, whether Trial Rule relief is appropriate, and what remedies to seek. If cost is a concern, some attorneys offer limited-scope consultations to review the file and advise next steps.
6. File the appropriate petition in probate court. Typical filings include: (a) motion to set aside or reopen the prior decree with supporting affidavit/evidence; (b) petition to surcharge or remove the fiduciary; or (c) separate civil complaint in the appropriate court for damages or equitable relief. Serve all interested parties per court rules.
7. Request interim relief if necessary. If assets are at risk (dissipating, being transferred, or hidden), ask the court for emergency relief: temporary injunction, asset freeze, or appointment of a special administrator to protect the estate pending resolution.
8. Prepare for a contested hearing. The court will likely set a hearing where both sides present evidence, including forensic accounting if needed. Be ready to explain why the accounting should be revisited and to prove elements like concealment or breach.
9. Consider alternative dispute resolution. In some cases mediation or negotiated settlement (for repayment, surcharge, or a new accounting) can resolve the dispute faster and with lower cost than prolonged litigation.

Possible outcomes if the court reopens the accounting

• The court orders a new, corrected accounting and requires the fiduciary to repay incorrectly handled funds (surcharge).
• The court removes the fiduciary and appoints a successor or special administrator.
• The court awards interest, attorneys’ fees, or costs if the fiduciary’s conduct justifies those remedies.
• The court denies reopening if the petition is untimely or the evidence is insufficient; in that case you may have a separate civil claim to pursue.

Helpful Hints

• Do not assume finality means no remedy exists. Courts have mechanisms to correct serious injustices discovered later.
• Act quickly after you discover the problem — promptness matters even when a lot of time has already passed since approval.
• Keep careful copies of all estate documents and communications with the personal representative; they are often decisive.
• Consider a forensic accountant if transactions are complex or if the fiduciary’s records are incomplete.
• Ask the probate clerk for the court’s local forms and filing procedures — probate practice can vary by county.
• Be aware that remedies and deadlines can differ depending on whether you pursue relief in probate court or file separate civil claims.
• If you suspect criminal behavior, preserve evidence and consider notifying law enforcement while pursuing civil remedies.