Can I ask the court to demand an accounting of all estate assets and transactions during probate?

Short answer: Yes. Under Indiana probate law, beneficiaries and interested persons generally have the right to see an inventory and to obtain an accounting of a decedent’s estate from the personal representative (executor or administrator). If the personal representative refuses or provides an incomplete accounting, you can ask the probate court to order a formal accounting and to remedy any problems the accounting reveals.

Detailed answer — Your right to an accounting in Indiana probate

When someone is appointed to manage a probate estate in Indiana, that person has a duty to collect estate assets, preserve them, pay valid debts and taxes, and distribute remaining assets to rightful heirs and beneficiaries. Beneficiaries and other interested parties have both informal and formal ways to find out what the personal representative is doing.

What documents should you expect to see?

Inventory/Appraisement: The personal representative generally must identify and list estate property. This provides a snapshot of what the estate contains.
Interim or final accounting: Accountings show estate receipts, disbursements, fees, taxes paid, and how and when assets were distributed. A final accounting is typically required before the court approves closing the estate.

How to get an accounting — informal steps first

Ask the personal representative directly and in writing for the inventory and a current accounting. Many issues resolve at this stage.
Review the documents you receive. Compare reported assets and transactions to what you expect (bank statements, securities, real property records, etc.).
If you find gaps or unexplained transfers, ask follow-up questions and request supporting records (bank statements, canceled checks, receipts, tax returns).

When to involve the court

If the personal representative refuses to provide required information, provides an incomplete or inaccurate accounting, or you suspect mismanagement, you can ask the probate court to compel a formal accounting. Common court remedies include:

Ordering the personal representative to file a formal accounting with the court and to serve it on interested persons.
Scheduling a hearing where interested persons may question the personal representative under oath.
Assessing surcharge or damages against a personal representative who misappropriates or wastes estate assets.
Removing a personal representative for failure to fulfill duties, if misconduct or incapacity is shown.

Who may request an accounting?

Typically, interested persons — heirs, beneficiaries named in a will, creditors in some circumstances, and others with a financial interest in the estate — have standing to request or object to an accounting. If you are uncertain whether you qualify as an interested person, the court can resolve standing issues.

Timing and court procedure

Indiana law sets timelines and filing requirements for inventories, claims, and final settlements. If an accounting is required, the court will set a schedule for filing and for any hearings. Because local practice and specific statutory deadlines vary, you should consult the Indiana probate statutes and local court rules for precise timing and required forms. See Indiana Probate Code, Title 29 for governing statutes: https://iga.in.gov/legislative/laws/2023/ic/titles/29

What to do if you suspect fraud or theft

If the accounting (or lack of one) suggests theft, fraud, or gross misconduct, you can ask the court for an immediate accounting and request emergency relief. The court can order a freeze on distributions, require bonding, or remove the personal representative. In some cases, criminal charges may apply and should be reported to law enforcement.

Costs and fees

The estate normally pays reasonable and necessary expenses of administration, including court costs and, in many cases, attorney fees incurred by the personal representative. If a beneficiary files a petition that benefits the estate (for example, by uncovering mismanagement), the court may order the estate to pay reasonable costs and attorney fees. Conversely, if a beneficiary acts unreasonably, the court may charge costs against that person.

Helpful Hints

Start by asking the personal representative for the inventory and a current accounting in writing — many disputes resolve without court involvement.
Keep copies of any communications, documents you receive, and any evidence about estate assets (bank statements, deeds, appraisals).
Compare the inventory/accounting to public records (property deeds, online real estate records) and your knowledge of the decedent’s assets.
If you need the court’s help, file a formal petition in the probate court where the estate is pending asking the judge to order an accounting. The court can schedule a hearing for cross-examination of the personal representative.
If you suspect fraud, act quickly: the court can stop further distributions and order a forensic accounting or bonding of the personal representative.
Collective action can help: when several beneficiaries join a petition, the court may move faster and impose costs on the estate for necessary investigations.
Consult an attorney experienced in Indiana probate if the accounting is complex, if large assets or business interests are involved, or if you suspect misconduct.

Where to read the law: Indiana’s probate statutes are found in Indiana Code Title 29. For statutory text and chapter headings relating to inventories, accountings, and settlement of estates, see: https://iga.in.gov/legislative/laws/2023/ic/titles/29

Disclaimer: This article explains general principles of Indiana probate law for educational purposes only. It is not legal advice, and it does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Indiana attorney.