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

Short answer: Yes. Under Kentucky law, beneficiaries, heirs, and interested parties generally have the right to receive an accounting of the estate during probate. You can request an accounting from the personal representative (executor or administrator) and, if needed, ask the probate court to order a formal accounting, compel production of records, or take other corrective steps.

Detailed answer — what an accounting is and how it works in Kentucky

An accounting is a formal, itemized report showing what the personal representative (PR) received, what the PR paid out, and the assets remaining in the estate. Typical components include the initial inventory of estate assets, receipts for money collected, payments made (debts, taxes, expenses, distributions), and the current estate balance.

In Kentucky probate practice, the PR has a fiduciary duty to manage estate assets responsibly, to keep accurate records, and to act in the best interests of beneficiaries and creditors. That duty includes preparing and making available an accounting so that interested parties can see how the estate is being handled.

Common steps and rights in Kentucky:

Inventory and appraisal. The PR typically must prepare an inventory of estate assets early in administration and file it with the probate court or otherwise make it available to interested parties.
Interim accountings. Depending on the length and complexity of administration, a PR may file interim accountings; at a minimum, a final accounting is usually filed before the court approves final distribution and closes the estate.
Requesting a copy. Beneficiaries and heirs may request copies of the inventory, accountings, and underlying records (bank statements, receipts, canceled checks). The PR should provide these or explain why some records are withheld.
Petition to the court. If a PR refuses or fails to provide adequate accounting, an interested party may file a petition or motion asking the probate court to order a formal accounting, compel production, surcharge the PR for losses, remove the PR, or impose other remedies.
Court oversight. The probate court has authority to review accountings, hold hearings, and resolve disputes about alleged mismanagement, improper payments, or missing assets.

Where to find Kentucky law and court forms

Kentucky’s statutes and court guidance govern probate procedure and fiduciary duties. For a starting point, use the Kentucky Revised Statutes and Kentucky Court of Justice probate resources:

Kentucky Revised Statutes (search and browse): https://apps.legislature.ky.gov/law/statutes/
Kentucky Court of Justice — probate and probate forms: https://courts.ky.gov/Pages/probate.aspx

When should I ask for an accounting?

Ask for an accounting any time you suspect the estate is not being handled properly, if distributions are delayed without explanation, or if you simply want transparency. You also should expect at least a final accounting before the PR closes the estate and asks the court to discharge the PR.

Practical steps to request an accounting in Kentucky

Write a formal request to the personal representative asking for the inventory, interim accountings, and supporting documents (bank statements, ledgers, receipts).
Keep written records of your requests (letters, emails). If the PR does not respond, those records will help your case in court.
If the PR refuses or produces inadequate information, file a written motion or petition with the probate court asking the judge to order a formal accounting. The court can schedule a hearing and require the PR to produce documents under oath.
At the hearing, present evidence showing why an accounting is necessary (delays, unexplained distributions, missing inventory, conflicts of interest, etc.).
If the court finds misconduct, it can order remedies including correcting the accounting, requiring repayment, imposing a surcharge, or removing the PR.

Possible outcomes and remedies

Order to produce documents or give a detailed accounting.
Approval of accounting after clarification and adjustments.
Surcharge (financial penalty) against a PR who breached duties or misapplied assets.
Removal of the PR and appointment of a successor if misconduct or incapacity is shown.
Referral for criminal investigation if theft or fraud is suspected.

Timing and practical considerations

Act promptly. Evidence and banking records may be easier to collect soon after transactions occur. Courts may have statutory or local rules about notice requirements, deadlines for objections to accountings, and procedures for filing motions. Local probate clerks or the court’s website can provide procedural forms and deadlines.

Helpful hints

Start with a written, polite request to the personal representative asking for the inventory and accountings; many disputes resolve quickly when the PR knows someone is watching.
Get copies of probate filings from the clerk — inventories, bond, petitions, and any accountings already filed.
Keep a clear timeline of events, communications, and any suspicious transactions you notice (dates, amounts, payees).
Be specific in your petition to court: identify missing items, unexplained withdrawals, or insufficient documentation.
Consider mediation if relationships are strained but you want a faster, less expensive resolution than full litigation.
Know potential costs: filing fees and attorney fees can apply. In some cases the estate pays reasonable attorney fees for enforcement actions, but courts decide based on the situation.
If you suspect fraud or theft, preserve records and consider notifying law enforcement after consulting an attorney.

When to talk to an attorney

If the PR ignores requests, if the accounting is incomplete or implausible, if large sums are missing, or if you need help drafting the court petition, speak with a probate attorney. An attorney can review court filings, draft motions, gather evidence, and represent you at hearings.

Important: This article explains general principles under Kentucky probate practice and points you to resources. It is not a substitute for legal advice.

Disclaimer: This is general information only and does not constitute legal advice. Laws and procedures change. For advice about a specific case, consult a licensed Kentucky attorney who can evaluate the facts and represent your interests.