What to do when a proposed administrator is withholding estate asset information and documents
Quick answer: In Texas you have several options: make a written request for the records, ask the probate court to compel an inventory and accounting, object to or contest the administrator’s appointment, seek removal if there’s misconduct, and — when necessary — pursue civil or criminal remedies for conversion. Act quickly and preserve evidence.
Detailed answer — your rights and practical steps under Texas law
This answer explains the common legal tools available in Texas when a proposed personal representative or administrator (the person who will manage an estate) refuses to share information about estate assets, bank accounts, or estate documents. This is general educational information and not legal advice. If you need legal guidance tailored to your situation, contact a Texas probate attorney.
Who has a right to estate information?
Beneficiaries, heirs, and some creditors generally have a right to basic estate information. A personal representative’s duties include gathering estate assets, preserving them, and, in many cases, filing inventories and accountings with the probate court. If the administrator is not cooperating, beneficiaries can ask the probate court to enforce those duties.
Key Texas law resources
- Texas Estates Code and provisions on administration and fiduciary duties: https://statutes.capitol.texas.gov/
- Inventory and appraisement rules (see the Estates Code chapters on inventory and accountings via the Texas statutes site): https://statutes.capitol.texas.gov/Docs/ES/htm/ES.309.htm (inventory and list of claims)
Practical step-by-step actions
- Ask in writing (and keep records). Send a clear written demand to the proposed administrator asking for specific documents: copies of the will (if any), death certificate, letters testamentary or of administration, account statements, bank records for accounts the administrator controls, deeds, vehicle titles, and an inventory of assets. Send by certified mail and keep copies of everything you send and receive.
- Check the probate court file. If a probate case has been opened, many documents (petition, inventory, letters) will be filed with the county probate court. Contact the clerk’s office where the decedent’s probate case was or would be filed and request copies of the court file.
- Request an inventory and accounting from the court. Texas law requires personal representatives to account for estate assets and, in many situations, to file inventories. If required documents haven’t been filed, beneficiaries can file a motion in probate court asking the judge to compel an inventory or an accounting and request deadlines for production. The court can sanction a personal representative who refuses to comply.
- Object to appointment or seek removal. If appointment is still pending, you can object and present evidence the proposed administrator is unfit or has a conflict. If the administrator is already appointed and is hiding assets, beneficiaries can file a petition to remove the personal representative for breach of duty, bad faith, waste, or conversion. The court can remove and replace an administrator and order accounting and restitution.
- Pursue discovery or a turnover order. After filing motions in probate court, you can use discovery tools (interrogatories, requests for production, depositions) to force disclosure. If assets are being withheld or misused, ask the court for a turnover order or an injunction to prevent further dissipation of estate property.
- Consider criminal or civil claims. If you have evidence the administrator has stolen or converted estate property, you may notify law enforcement and pursue criminal charges for theft or fraud. You can also file a civil suit against the administrator for conversion or breach of fiduciary duty to recover the missing assets and damages.
- Talk to a probate attorney quickly. Probate rules and deadlines can be technical. A Texas probate lawyer can advise whether filing objections, a motion to compel, a removal petition, or a civil claim is the right next step and can prepare the necessary court filings.
What the court can order
Texas probate courts can require a personal representative to:
- File an inventory and appraisement;
- Provide accountings and supporting documentation;
- Return estate property wrongfully taken;
- Post bond or provide other security;
- Be removed and replaced for misconduct.
Timing and urgency
Act promptly. The longer assets are hidden or dissipated, the harder recovery becomes. Probate deadlines and statutes of limitations may limit how long you have to contest actions or bring claims. Preserve communications, bank statements, and any suspicious transactions you learn about.
Helpful Hints
- Send written requests and keep copies; certified mail provides proof of delivery.
- Contact the probate clerk to confirm whether a probate case is open and to get copies of court filings.
- Collect evidence of suspected hiding or transfer of assets: bank statements, emails, property records, or witness statements.
- Ask for an accounting that lists every transaction the administrator made on behalf of the estate, with supporting bank records and receipts.
- If the estate is being independently administered (less court supervision), the need for written demands and court motions is greater; independent administration can limit some court oversight, so understand whether independent administration was granted.
- Preserve communications and do not confront the administrator in a way that could escalate conflict without legal counsel.
- If you suspect criminal conduct, contact local law enforcement or the district attorney — criminal prosecution can run alongside probate remedies.
- Consult a Texas probate attorney early — attorneys can file motions, subpoenas, and protective orders and can advise about bonding, removal, and restitution remedies.