How to Request an Accounting From an Executor, Administrator, or Trustee in Connecticut

When a loved one dies, an executor or administrator may be appointed to manage the estate. A trustee may be responsible for property held in a trust. These fiduciaries must manage the property for the benefit of others and comply with the applicable will, trust, court orders, and Connecticut law.

Beneficiaries do not always receive regular explanations about what is happening. Delays, unexplained expenses, or missing information can create legitimate concerns. One way to address those concerns is to request an accounting or other financial report.

This post explains how estate and trust beneficiaries can request financial information in Connecticut and what may happen if a fiduciary does not respond.

What Is an Accounting?

An accounting is a report describing how a fiduciary handled estate or trust property during a stated period. Depending on the circumstances, it may identify:

• Assets held at the beginning of the reporting period;
• Additional property or income received;
• Property sold or otherwise disposed of;
• Debts, taxes, and administration expenses paid;
• Compensation paid to the fiduciary and retained professionals;
• Distributions made to beneficiaries; and
• Assets remaining at the end of the reporting period.
  

A formal accounting should allow interested parties and the court, when applicable, to follow the fiduciary’s handling of the property.

An accounting is not necessarily the same as an inventory. An inventory generally identifies and values assets at an earlier stage of an estate administration. An accounting or financial report addresses later transactions, including receipts, payments, sales, and distributions.

Who May Request Financial Information?

A person with a legal interest in a Connecticut estate or trust may be entitled to information concerning its administration.

For a decedent’s estate, that person may be:

• A beneficiary named in the will;
  
• An heir entitled to inherit when there is no valid will;
  
• A creditor in certain circumstances; or
  
• Another person whose legal interest may be affected by the administration.
  

For a trust, the scope of the right to information depends on several factors, including:

• The terms of the trust;
  
• Whether the person is a current, remainder, or contingent beneficiary;
• The nature of the beneficiary’s interest;
• The information requested; and
• The Connecticut Uniform Trust Code.
  

Not every person with a possible future interest has an unconditional right to demand every record or a formal accounting at any time. The beneficiary’s legal status and the circumstances of the request matter.

When Must an Estate Fiduciary Report?

In a Connecticut probate estate, the executor or administrator ordinarily must provide the Probate Court with financial information during the administration and as part of the process of closing the estate.

Depending on the estate and the court’s requirements, the fiduciary may file:

• An inventory;
  
• A financial report;
  
• A formal fiduciary account;
  
• An affidavit of closing; or
  
• Another document required by the Probate Court.
  

Connecticut does not generally divide probate estates into “independent” and “supervised” administrations. Even an uncontested estate remains subject to applicable filing requirements and Probate Court oversight.

The particular report required will depend on the estate, the length and complexity of the administration, and any orders entered by the Probate Court.

When Must a Trustee Provide Information?

A trustee’s reporting obligations differ from those of an executor or administrator.

The trust instrument may require the trustee to provide periodic reports or annual accountings. Connecticut law may also require a trustee to keep certain beneficiaries reasonably informed and to provide information concerning the trust’s property and administration.

A trustee of a private trust does not necessarily file routine accounts with the Probate Court simply because the trust exists. Court involvement may become necessary when:

• A beneficiary challenges the trustee’s administration;
  
• The trustee refuses to provide required information;
  
• The trust instrument requires court review;
  
• A prior court order requires an account; or
  
• A trustee asks the court to approve an account or resolve an issue.
  

The rights of trust beneficiaries can vary significantly depending on the language of the trust and the nature of each beneficiary’s interest.

Start With a Written Request

Before starting a court proceeding, a beneficiary can send the fiduciary a clear written request for information. A focused request is generally more effective than a broad demand for “all records.”

The request should identify the information sought, which may include:

• The estate inventory or a schedule of trust assets;
  
• Prior accounts or financial reports;
  
• Income and other receipts during a specified period;
  
• Debts, taxes, and expenses paid;
  
• Fiduciary compensation;
  
• Legal, accounting, appraisal, and other professional fees;
  
• Property sales or transfers;
  
• Distributions already made;
  
• Assets remaining on hand; and
  
• Supporting records for particular transactions.
  

The request should state the relevant reporting period and provide a reasonable time for a response. Keep a copy of the request and any reply. Many disagreements can be resolved when the fiduciary provides a clear report and explains transactions that initially appeared unusual.

What If the Fiduciary Does Not Respond?

If the fiduciary ignores the request, provides an incomplete response, or refuses to disclose information that should be provided, an interested person may be able to seek relief from the appropriate Connecticut Probate Court.

Depending on the circumstances, the requested relief may include an order requiring the fiduciary to:

• File or provide a financial report or account;
  
• Produce supporting documentation;
  
• Explain particular transactions;
  
• Correct or supplement an existing account; or
  
• Take another action necessary to protect the estate or trust.
  

The proper court, filing, notice, and requested orders depend on whether the matter concerns a decedent’s estate, a testamentary trust created under a will, or a living trust.

Once an account is filed, interested parties may receive notice and an opportunity to review it and raise objections. After a hearing, the court may approve the account, require additional information, disallow an expense or fee, impose liability for a proven loss, or grant other relief within its jurisdiction.

What Should a Meaningful Accounting Show?

A meaningful accounting should permit the reader to trace the fiduciary’s handling of the property. It should explain how the beginning balance, later receipts, payments, distributions, and ending balance relate to one another.

Depending on the estate or trust, the accounting may show:

1. The assets held at the beginning of the period;
   
2. Property or income later received;
   
3. Gains or losses from sales or investments;
   
4. Debts, taxes, and administration expenses paid;
   
5. Changes in the form of an asset;
   
6. Compensation paid to the fiduciary;
   
7. Fees paid to attorneys, accountants, and other professionals;
   
8. Distributions and the beneficiaries who received them; and
   
9. The property remaining at the end of the period.
   

An accounting alone may not answer every question. Supporting records may be needed to determine whether a particular payment was authorized, properly documented, reasonable, or consistent with the will or trust.

Does a Beneficiary Have a Right to Every Record?

A right to information or an accounting does not necessarily create an unlimited right to every document held by the fiduciary.

Some records may contain privileged communications, private information about another beneficiary, or information unrelated to the requesting beneficiary’s interest. The proper scope of disclosure depends on the governing instrument, the beneficiary’s legal interest, Connecticut law, and any applicable court order.

A request should therefore identify the transactions or reporting period at issue and explain why the requested records are relevant.

Warning Signs That May Require Closer Review

The following issues may justify further questions:

• Expenses without a clear explanation or supporting documentation;
  
• Fiduciary or professional fees that appear excessive;
  
• Assets listed on an inventory but omitted from later reports without explanation;
  
• Transactions involving the fiduciary, the fiduciary’s relatives, or an affiliated business;
  
• Personal and fiduciary funds placed in the same account;
  
• Property sold for substantially less than its apparent value;
  
• Unexplained delays in filing reports or making distributions;
  
• Distributions that appear inconsistent with the will or trust;
  
• Preferential treatment of similarly situated beneficiaries;
  
• Failure to collect, insure, invest, or protect property; or
  
• Numbers that do not reconcile with the stated ending balance.
  

A warning sign is not, by itself, proof of misconduct. Estates and trusts may have taxes, debts, illiquid property, valuation disputes, or other complications that explain an unusual transaction or delay.

Possible Fiduciary Breaches

An executor, administrator, or trustee is a fiduciary. Depending on the circumstances, a fiduciary may breach applicable duties by:

• Using fiduciary property for personal benefit;
  
• Engaging in an unauthorized conflict-of-interest transaction;
  
• Making distributions contrary to the will or trust;
  
• Paying unreasonable or unauthorized compensation;
  
• Failing to maintain adequate records;
  
• Commingling personal and fiduciary funds;
  
• Failing to safeguard or prudently manage property; or
  
• Withholding information that the fiduciary is legally required to provide.
  

If a breach causes a loss, a court may have authority to impose a surcharge, which is an order requiring the fiduciary to repay the estate or trust. Other potential remedies may include reducing compensation, requiring additional reporting, reversing an improper transaction when legally available, or removing the fiduciary.

The available remedy depends on the evidence, the governing instrument, applicable law, and the court’s jurisdiction.

Review an Account Promptly

A beneficiary who receives notice of an account should review it promptly. A Probate Court decree approving an account may affect the ability to challenge transactions covered by that account.

Probate Court objections, motions, and appeals may be subject to short deadlines. The applicable deadline depends on the type of decree, how notice was provided, and the person’s role in the proceeding.

Questions should therefore be raised before the account is approved whenever possible.

When Legal Review May Be Important

A straightforward request for an existing financial report may not result in a dispute. More complicated issues can arise when:

• Substantial assets are missing or unaccounted for;
  
• The fiduciary personally benefited from a transaction;
  
• The fiduciary refuses to provide meaningful information;
  
• Property was sold under questionable circumstances;
  
• Distributions conflict with the governing instrument;
  
• Fiduciary compensation appears unreasonable;
  
• Beneficiaries disagree about the interpretation of the will or trust; or
  
• A Probate Court filing or objection deadline is approaching.
  

Reviewing an accounting may require analysis of the governing instrument, Probate Court filings, bank and investment records, appraisals, tax documents, and supporting invoices. Prompt review can also help preserve evidence and identify issues before the remaining property is distributed.

Conclusion

Connecticut beneficiaries may have enforceable rights to financial information, but those rights are not identical in every estate or trust.

The proper approach depends on whether the fiduciary is an executor, administrator, or trustee; the beneficiary’s legal interest; the governing instrument; and any existing Probate Court orders. A clear written request is often the appropriate starting point. If the fiduciary does not provide a meaningful response, Probate Court relief may be available.

About the Author

Aakash Sharma is the founding attorney of the Law Office of Aakash Sharma, LLC, a Connecticut law firm focused on estate planning, elder law, and probate. He is admitted to practice in Connecticut and has served as a CASA volunteer since 2018.

Disclaimer

This post provides general information about Connecticut law and is not legal advice. Connecticut law changes, and the application of the law depends on the specific facts and documents involved.

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