What to do if a proposed administrator is withholding estate asset information in Nevada
Detailed Answer
This answer explains practical steps you can take if the proposed personal representative (often called an administrator) is not sharing information about estate assets or refusing to provide estate documents. It summarizes your rights under Nevada probate law and the typical court tools you can use to get access to inventories, accountings, and other records. This is educational information only and not legal advice.
Who has a right to see estate records?
Under Nevada probate law, interested persons—usually heirs, devisees, creditors, and sometimes potential beneficiaries—have the right to review certain probate court filings and to obtain information about estate administration from the personal representative. The court supervises estate administration and requires the personal representative to act in the estate’s best interest and to account for assets. For the statutory framework governing administration of decedents’ estates, see Nevada Revised Statutes, Chapter 133: NRS Chapter 133 (Administration of Decedents’ Estates).
Immediate practical steps you should take
- Ask informally, then put your request in writing. Start by asking the proposed administrator for the documents you want (inventory, statements, closing documents). Follow up with a dated written request (email or letter). Keep copies and proof of delivery.
- Check the probate court file. If someone has filed a petition for probate or for appointment of an administrator, many filings are public. Visit the local probate clerk’s office or the Nevada Courts self-help probate portal to see what has been filed: Nevada Courts – Probate Self‑Help. If the administrator has filed an inventory or accounting, it should be in the court file.
- Request a formal accounting and inventory. Personal representatives generally must identify estate assets and keep records. If the informal request fails, you can ask the court to require the administrator to prepare and file an inventory and accounting. The court can order production of documents and financial accounts as part of the probate process (see NRS Chapter 133).
- File a petition in probate court if necessary. If the proposed administrator resists, an interested person can petition the probate court to compel disclosure, order an accounting, or require the administrator to produce specific documents. Typical petitions include motions to compel inventory/accounting, petitions for discovery, or petitions to compel inspection of estate property or records.
- Consider asking for temporary relief or an evidentiary hearing. If you believe assets are at risk or being hidden, you can ask the court for expedited relief—such as an order to freeze certain accounts or require immediate document production—while the court evaluates your petition.
- Seek removal or replacement of the personal representative for cause. If the administrator breaches fiduciary duties, fails to perform duties, or hides assets, you can ask the court to remove and replace them. Causes for removal include failure to account, mismanagement, conflict of interest, or misconduct. If removal is sought, the court may order an accounting, appoint a temporary fiduciary, or impose other remedies under the probate statutes.
- Preserve evidence of requests and possible wrongdoing. Save all correspondence, notes of telephone calls, emails, and anything that shows you requested documents and how the proposed administrator responded. That evidence helps support a petition to the court.
- Use mediation or settlement when appropriate. Courts often encourage parties to resolve disputes without prolonged litigation. If both sides agree, mediation can produce a binding agreement for document exchange and estate accounting.
- Get legal help. If the administrator persists in withholding records or you suspect fraud or theft, consult a Nevada probate attorney. A lawyer can draft and file the right petitions, attend hearings, and pursue remedies such as removal, surcharge (financial recovery), or contempt sanctions.
Common legal remedies the court can provide
- Order compelling the personal representative to file an inventory and accounting with the court.
- Discovery orders requiring production of bank records, deeds, appraisals, and other estate documents.
- Appointment of a special administrator or temporary custodian if assets are at risk.
- Removal of the personal representative for failure to perform duties or for misconduct.
- Monetary remedies (surcharge) against a fiduciary who misapplies assets.
- Contempt proceedings for refusal to obey court orders.
Where to find Nevada statutes and court forms
Start with the Nevada Revised Statutes, Chapter 133 (administration of decedents’ estates): https://www.leg.state.nv.us/NRS/NRS-133.html. For self-help, forms, and local procedures, consult the Nevada Courts probate pages: https://nvcourts.gov/Self_Help/Probate/.
Helpful Hints
- Always make requests in writing and keep copies—this creates a record you can use in court.
- Check the probate docket early. Many documents are public once filed with the court clerk.
- Be specific in your demands. Request particular documents (bank statements for X period, deeds, insurance policies, appraisals, receipts) rather than vague requests for “all records.”
- Act quickly if you suspect concealment or dissipation of assets. Courts can order emergency relief to protect estate property.
- Consider a narrow, targeted petition first (compel inventory/accounting). Broad removal petitions can be more time consuming and expensive.
- Mediation can preserve family relationships and avoid costly litigation, but don’t agree to a settlement without getting documents first.
- If you cannot afford an attorney, ask the probate clerk about self-help resources and whether limited-scope representation or court self-help clinics are available in your county.
Important: This article explains general Nevada probate procedures and possible actions when a proposed administrator withholds estate information. It does not give legal advice. For advice about your specific situation and to learn the precise statutes, deadlines, and forms that apply, consult a Nevada probate attorney or the local probate clerk.