What to Do When a Proposed Administrator Withholds Estate Documents and Asset Information

Quick answer: As a beneficiary or interested person in a South Dakota probate, you have the right to request and receive basic estate information (inventory and accountings). If a proposed or appointed personal representative refuses to provide documents, you can demand the information in writing, ask the probate court to compel disclosure, request a court-ordered accounting, and, if necessary, seek removal or surcharge for breach of fiduciary duty. This page explains practical steps and legal options under South Dakota probate law.

Detailed answer — your rights and practical steps under South Dakota law

Who is a beneficiary or interested person? In South Dakota probate practice, an interested person typically includes heirs, legatees named in a will, creditors, and other parties with a financial stake in the estate. If you are an interested person, you generally have the right to be informed about estate administration.

Basic duties of a proposed or appointed personal representative

A proposed personal representative who is acting on behalf of the estate (or an appointed one) must locate and preserve estate assets, notify interested persons, and file necessary documents with the probate court. The Uniform Probate Code adopted by South Dakota (Title 29A) creates duties such as filing inventories and providing accountings to the court and to interested persons. For an overview of South Dakota’s probate statutes, see the South Dakota Codified Laws, Title 29A (Uniform Probate Code): https://sdlegislature.gov/Statutes/Codified_Laws.

What to do first — practical steps you can take right away

1. Ask for the documents in writing. Send a polite but firm written request (email or certified mail) asking for copies of the will (if not already filed), the petition for probate, the inventory, accountings, bank statements, deeds, and any list of known assets. Keep a copy of your request and proof of delivery.
2. Check the court file. Probate petitions, inventories, and other filings are public records once filed. Contact the clerk of the circuit court in the county where the decedent lived and request copies of any probate filings. Many South Dakota courts will allow you to view or obtain copies for a fee.
3. Request an informal explanation. Sometimes delays arise from uncertainty (e.g., locating titles, jointly held assets, or account freezes). Ask the proposed administrator to describe what steps they’ve taken to identify assets and when you can expect an inventory/accounting.
4. Document everything. Keep dated notes of phone calls, emails, letters, and any responses (or nonresponses). The court will value a clear record if you later file a motion.

When informal requests fail — legal actions you can take

If the proposed administrator refuses to provide documents, consider these legal options:

• Motion to compel disclosure or production. If the estate is already in court, you can file a motion asking the probate court to order the personal representative to produce the inventory and relevant documents. The court has authority under South Dakota probate procedures to require accountings and documentation.
• Petition for an accounting. Beneficiaries can ask the court to require a formal accounting of estate administration. A court-ordered accounting forces the personal representative to file a detailed report of receipts, disbursements, and remaining assets.
• Petition to remove the personal representative. If the proposed or appointed representative is hiding assets, misappropriating property, or otherwise breaching fiduciary duties, you can file a petition asking the court to remove them. You can also ask the court to surcharge (require repayment for losses) or to appoint a special administrator to protect estate assets.
• Request subpoenas or discovery. In contested matters, the court can authorize subpoenas to obtain bank records, title documents, and other evidence. You may request discovery if formal litigation over the estate begins.

Practical timeline and what to expect

Timeframes vary. If the estate is already open in probate, a motion to compel or a petition for accounting can be heard on relatively short notice, but scheduling depends on county court calendars. Removal or surcharge petitions typically require a hearing with evidence and may take longer.

Costs and evidence

Filing motions and pursuing court remedies may require attorney fees. If the court finds the personal representative acted improperly, the court can order the estate to pay reasonable attorney fees and costs. To support your claims, collect any documentary evidence (emails, financial statements, title documents, or witness statements) showing the representative’s conduct or the existence of assets.

If the person is only a “proposed” administrator and not yet appointed

If the person only seeks appointment but has not been appointed by the court, they have no formal fiduciary duties yet. Still, if they are acting as if they are in control of assets (closing accounts, transferring property, or hiding information), notify the probate court immediately. The court can refuse their appointment or impose conditions (such as bonding or court supervision) and can appoint a temporary or special administrator to protect assets.

Helpful Hints

• Send initial requests in writing and keep copies. Written records help the court see a pattern of refusal.
• Review the probate docket at the county clerk’s office; many filings are public and can reveal the status of inventories and accountings.
• Be specific in requests: ask for bank statements for certain dates, deeds for known properties, and a full list of creditors.
• Ask the court for interim protections if you suspect asset dissipation (for example, request an order freezing transfers or appointing a special administrator).
• Consider mediation or settlement before litigation if the representative responds and offers reasonable cooperation.
• If you cannot afford counsel, ask the court about fee-shifting or limited-scope representation, and check for legal aid resources in South Dakota.
• File urgent motions if you suspect theft, fraud, or imminent loss of estate property. Courts move quickly for emergency preservation of assets.
• Keep expectations realistic: probate courts balance efficiency with procedural fairness. Gathering records and getting hearings can take weeks to months.

Where to find South Dakota probate rules and statutes: For statutory provisions and more detail on probate procedures consult the South Dakota Codified Laws (Title 29A — Uniform Probate Code) at the South Dakota Legislature website: https://sdlegislature.gov/Statutes/Codified_Laws. You can also contact the clerk of the circuit court in the county where the decedent lived for local filing procedures.

Disclaimer: I am not a lawyer and this is not legal advice. This article provides general information about South Dakota probate practice. For advice about your specific situation, consult a licensed South Dakota attorney who can evaluate your case and represent your interests.