Pennsylvania: What to Do When an Administrator Withholds Estate Documents

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Short answer

If you are a beneficiary or heir under Pennsylvania law and the person appointed to administer the estate is refusing to show you asset lists or estate records, you can demand production in writing, check what has already been filed with the court, and — if the administrator still withholds documents — ask the Orphans’ Court to compel an accounting, to remove or surcharge the administrator, and to take other corrective steps. These remedies flow from the duties that fiduciaries owe under Pennsylvania law (see Title 20 of the Pennsylvania Consolidated Statutes: Decedents, Estates, and Fiduciaries: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20).

Detailed Answer

Who may see estate records? Generally, beneficiaries named in the will and heirs-at-law (if there is no will) have a right to basic information about the estate. Administrators and executors serve as fiduciaries. They must collect, preserve, and account for estate property. If the proposed administrator has letters of administration or is acting with court authority, they must keep proper records and make an accounting when required by the court or when beneficiaries request it.

1. Start with a clear written demand

Send a concise written request (certified mail with return receipt) asking for specific records. Ask for items such as:

  • Inventory of estate assets and any filed inventory;
  • Bank and brokerage account statements since appointment;
  • Copies of deeds, titles, appraisal reports, and vehicle records;
  • Receipts and invoices for estate expenses;
  • Tax returns and correspondence related to the estate;
  • Any distributions already made.

Give a reasonable deadline (for example, 14–21 days). Keep copies of all correspondence.

2. Check the court records

See whether letters of administration or an inventory or account have been filed in the county Orphans’ Court docket. Many counties publish dockets or allow in-person inspection at the Prothonotary/Clerk. Use the Pennsylvania courts site to locate the correct court: https://www.pacourts.us/find-a-court. Learn about the Orphans’ Court here: https://www.pacourts.us/learn/family/orphans-court.

3. If documents are withheld, petition the Orphans’ Court

If your written demand and informal efforts fail, a beneficiary or interested party can petition the Orphans’ Court. Typical petitions include:

  • Petition to compel an accounting or to compel production of estate records;
  • Petition for citation or citation to show cause ordering the administrator to appear and explain;
  • Petition to remove the fiduciary for failure to perform duties or misconduct;
  • Petition for a surcharge to recover loss caused by mismanagement or wrongful taking;
  • Emergency petition for an order to freeze assets or appoint a receiver if you believe assets are being dissipated.

The court has broad authority to require accountings, to hold the administrator in contempt for failure to obey orders, and to enter monetary judgments against a fiduciary who breaches duties. For the statutory framework on fiduciary duties and probate administration, see Title 20 of the Pennsylvania Consolidated Statutes: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20.

4. Consider civil discovery or criminal referral

If you suspect fraud, theft, or conversion, you may pursue both civil remedies (surcharge, money judgment, removal) and criminal remedies. If assets are missing, contact local law enforcement or the county prosecutor and explain the situation. An attorney can help determine whether to open a civil case for breach of fiduciary duty and use subpoenas and discovery to obtain documents.

5. Evidence to gather now

Preserve all communications (emails, texts, letters), bank statements you can access, copies of the will or any estate planning documents you possess, and any receipts or appraisal notices. Record dates of requests and responses. These items will help prove the administrator’s failure to account or any mishandling of assets.

6. When to consult an attorney

Talk with an attorney when the administrator refuses to comply, when significant assets are missing, when distributions are made without accounting, or when you suspect dishonesty. An attorney can file the correct petition in Orphans’ Court, request emergency relief, and handle discovery or criminal referrals. The Pennsylvania Bar Association provides resources and lawyer referral information at https://www.pabar.org.

Practical timeline and likely outcomes

  • If the administrator responds to a written demand, you may receive records within days to weeks.
  • If you must file a petition in Orphans’ Court, the court may schedule a hearing within weeks to months, depending on the county and case complexity.
  • If the court finds misconduct, it can order production, award damages (surcharge), remove the fiduciary, and assess costs or counsel fees.

Helpful Hints

  • Always make requests in writing and keep copies.
  • Ask specifically for audits, inventories, accountings, bank/broker statements, deeds, titles, appraisals, and distribution records.
  • Check the county Orphans’ Court docket; filings there show what the administrator has already submitted.
  • Be mindful of deadlines and statute of limitations for civil claims; consult a lawyer promptly if assets may be dissipated.
  • If you fear theft, contact law enforcement and your attorney immediately.
  • Consider mediation if the administrator is uncooperative but not clearly dishonest — sometimes mediation resolves disputes faster than court.
  • Expect court procedures and timelines to vary by county; use local court clerks and the Pennsylvania Courts site to get county-specific procedures: https://www.pacourts.us/find-a-court.
  • If you cannot afford a lawyer, ask the county bar association about low-cost or pro bono services and check the Pennsylvania Bar Association resources: https://www.pabar.org.

Disclaimer: This article explains general principles of Pennsylvania law to help you understand common options. It is not legal advice, does not create an attorney-client relationship, and may not reflect the most recent legal developments. For advice about a specific situation, consult a licensed Pennsylvania attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.