Does an heir have a right to an accounting of the estate from the executor?

After several requests, no accounting has been provided.

60196 -

Attorney Answers (4)

Alan James Brinkmeier

Alan James Brinkmeier

Lawsuit / Dispute Attorney - Chicago, IL
Answered

You may file a petition and seek a paid accounting

Jeffrey R. Gottlieb

Jeffrey R. Gottlieb

Probate Attorney - Palatine, IL
Answered

If the decedent did not have a Will or if there is a Will under which the heir is a beneficiary, then yes, the heir is entitled to receive a full accounting from the executor/administrator. The timing of the accounting depends on the situation and a number of factors, but typically accountings should be annual and also prior to the closing of the estate.

Timothy Edward Kalamaros

Timothy Edward Kalamaros

Probate Attorney - Mishawaka, IN
Answered

Under a situation where the heir has an expectancy, then yes. But a disinherited heir, not taking under a will that has passed the time to contest, would not have any such right. Likewise, residuary heirs have a right to accounting, but generally recipients of a specific legacy do not.

Timing is also an issue. In Indiana, there is a clear statutory duty that if an estate is not closed in a year, then an accounting may ordered. In some cases if not enough time had elapsed, an accounting would be premature.

No legal representation exists by virtue of this answer. Consult your attorney. Licensed to practice law in... more
Steven M Zelinger

Steven M Zelinger

Probate Attorney - Philadelphia, PA
Answered

As a general rule the answer is yes. If you do not receive it on a voluntary basis you may need to file a petition to compel one to be produced.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more

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