What to do when a personal representative sends a payment without explaining how they calculated your share
It is common for beneficiaries or heirs to receive a distribution check from a personal representative (executor or administrator) without detail about how that amount was calculated. Under Iowa law, a personal representative has fiduciary duties to the estate and to interested persons. If you received a payment without explanation, you have options to get the information you need and to challenge improper accounting or distributions.
Detailed answer — your rights, practical steps, and Iowa law
1. Basic legal framework in Iowa
Iowa handles probate, administration, and distribution of estates under Iowa Code chapter 633. That chapter sets out the duties of a personal representative, what must be filed in court, and the court’s authority to review accounts and supervise administration. For an overview, see Iowa Code chapter 633: https://www.legis.iowa.gov/docs/code/633.pdf. The Iowa Judicial Branch also explains probate procedures and filings for interested persons: Iowa Courts — Probate.
2. What duties the personal representative owes you
As a beneficiary or heir, you are an “interested person.” The personal representative must collect estate assets, pay valid debts and expenses, and distribute the remainder according to the will or intestacy rules. The representative must keep records and provide information to interested persons and to the court in required filings (inventories and accountings). If the representative has not explained how your payment was calculated, you can request the estate’s accounting and supporting documents.
3. Immediate practical steps to take
- Request a written accounting in writing. Ask for: the estate inventory, bank statements showing receipts and disbursements, bills paid (debts and expenses), receipts for significant transactions, and the calculation that produced your payment amount (showing gross estate, debts, expenses, taxes, and how your share was computed).
- Keep records. Save the check, any letters, emails, and notes of phone calls. Send your request by certified mail or another method that creates a record.
- Be specific and reasonable. Ask for a response by a specific date (commonly 14–30 days). Request documents rather than only an explanation — documents make it easier to verify calculations.
4. If the personal representative refuses or gives an unsatisfactory response
If the representative does not provide a satisfactory accounting, Iowa courts provide several remedies:
- File a petition in probate court asking the judge to require an accounting or to settle accounts. The court can order the representative to file a formal accounting showing all receipts, disbursements, and distributions.
- Ask the court to surcharge (require the representative to pay money personally) or remove the personal representative if the representative breached duties, acted dishonestly, mismanaged assets, or made improper distributions.
- Request interim relief if you believe the estate is being depleted or assets are in danger (for example, a court order restraining further distributions until accounts are settled).
The probate court has broad authority under chapter 633 to supervise administration; if you file a motion or petition the court can compel production of records and conduct hearings.
5. What you can expect in an accounting
An accounting should show:
- All assets the representative collected (with values);
- Debts and expenses paid (with supporting bills/receipts);
- Any taxes or professional fees paid; and
- How the net distributable estate was divided among beneficiaries and how your specific payment was calculated.
Compare the figures to the will (if any) or to intestacy rules if there is no will. If distributions don’t match the math or the will, note the specific discrepancies for the court or for your attorney.
6. Timing and costs
There is no single “one-size-fits-all” deadline for a representative to produce an informal explanation to a beneficiary, but required filings with the court (inventories/accountings) and deadlines for objections are governed by the probate timetable and local court rules. If you must go to court to compel an accounting, expect additional time and possibly legal fees. In some cases the court can award costs or attorney fees if a personal representative acted improperly.
7. When to consult an attorney
Consider hiring a probate attorney if:
- The representative refuses to produce records;
- Large sums or complex assets (businesses, real estate, investments) are involved;
- You suspect mismanagement, self-dealing, or fraud; or
- The representative is delaying or has made distributions that seem inconsistent with the will or Iowa law.
An attorney can prepare and file a petition for an accounting, advise on potential surcharge or removal, and represent you in probate court.
Helpful hints
- Send a clear written request first. Example items to request: estate inventory, bank account statements for the estate, receipts/invoices for debts and expenses, tax filings for the estate, and the calculation worksheet used to determine your share.
- Ask for a line-by-line statement that reconciles estate receipts and disbursements and shows how the net estate was divided.
- Keep a timeline—note when you received the check, when you asked for records, and any responses.
- If you accept a payment you suspect is too small, be cautious about signing a release or waiver without full documentation and legal advice.
- If the estate is small, check whether a simplified probate or small-estate procedure applies that affects accounting requirements.
- Use the probate court clerk as a resource to learn what filings exist for the estate and to view filings the representative has submitted to the court.
- Act promptly. Courts set statutory and local deadlines for objections and accountings; missing a deadline can limit remedies.