What to do when a proposed administrator is withholding estate asset information and documents

Short answer: In Washington, beneficiaries and other “interested persons” have rights to information about estate administration. Start by making a clear written request, check whether a probate case is open, and if the administrator still refuses, you can use probate court tools—requests for an accounting, motions to compel production, subpoenas, or petitions to remove the personal representative. If you suspect theft or elder financial abuse, involve law enforcement or Adult Protective Services. This article explains practical steps and legal options under Washington law.

Detailed answer — your rights and step-by-step actions under Washington law

This section explains what beneficiaries and other interested persons can do if a person who is acting (or proposing to act) as an estate administrator refuses to share information about assets, transactions, or estate documents.

Who is an “interested person” and why that matters

An interested person typically includes heirs, beneficiaries named in a will, a surviving spouse, or creditors. Interested persons have the right to receive notice of probate proceedings and to request information and court-ordered accountings while the estate is administered. Washington’s probate laws and court rules govern these rights; see the Revised Code of Washington, Title 11 for probate and fiduciary duties: RCW Title 11.

Step 1 — Put a written request in early

Send a short, polite, written demand to the proposed administrator asking for the specific records you want (inventory, bank statements, deeds, accountings, final will, beneficiary designations, and receipts for major transactions). Use certified mail or email with delivery/read receipt so you have proof. Keep a copy.

Step 2 — Confirm whether probate has been opened and get court records

If probate is already filed, most court files are public. Contact the clerk of the Superior Court in the county where the decedent lived and request the probate case number and file. If a probate case exists, you can obtain filings (petitions, inventories, accountings, receipts) from the court file or online. Washington court forms and probate resources are available here: Washington Courts – Probate Forms. If there is no probate case, the person who claims to be the administrator may not have court-granted authority.

Step 3 — Ask for an inventory and accounting

Under Washington probate practice, the personal representative (administrator/executor) must identify and manage estate property and report to the court. If the administrator resists, you can request a formal accounting or inventory from the court. A court-ordered accounting requires the fiduciary to disclose assets, transactions, and distributions to date. See the statutes and court procedures at RCW Title 11 for the legal framework for fiduciary duties and court oversight.

Step 4 — Use the court’s discovery tools if the fiduciary won’t cooperate

If the administrator ignores your requests, you can use discovery in the probate case: subpoenas for documents (subpoena duces tecum), interrogatories, and requests for production. The Superior Court can order the administrator to provide documents. If there is no probate case yet, you may need to petition the court to open probate or to appoint a temporary fiduciary who will cooperate.

Step 5 — Petition the court to compel production or for sanctions

If informal requests and requests through discovery fail, file a motion in the probate case asking the judge to compel production of documents and accountings. Courts can impose sanctions, require the fiduciary to pay attorney fees, or order an evidentiary hearing. If the fiduciary engaged in misconduct or mismanagement, you may ask the court to remove the personal representative and to surcharge (financially charge) the fiduciary for losses.

Step 6 — Consider removal for breach of fiduciary duty

Washington law allows the removal of a personal representative for failure to perform duties, mismanagement, fraud, or breach of trust. If the person is withholding records to hide wrongdoing or to benefit improperly, collect evidence and ask the court to remove and replace them. The court can appoint a successor personal representative. See RCW Title 11 for the probate court’s powers and remedies: RCW Title 11.

Step 7 — In suspected criminal or abuse situations, involve authorities

If you suspect theft, embezzlement, forgery, or elder financial abuse, contact local law enforcement and Adult Protective Services. Financial exploitation of a vulnerable adult may be a criminal matter in addition to a probate dispute.

Step 8 — Get a lawyer when necessary

Probate matters can become technical. If the administrator continues to withhold documents, consult a probate attorney. A lawyer can advise on the correct motions, prepare formal discovery or subpoenas, represent you at hearings, and evaluate claims for removal or surcharge.

Common remedies the court can grant

• Order compelling production of estate records and accountings
• Sanctions or attorney-fee awards against the fiduciary for improper withholding
• Removal of the personal representative and appointment of a successor
• Surcharge against a fiduciary who misapplied estate assets
• Referral to criminal authorities when theft or fraud is suspected

Sample written request (short template)

To: [Name of proposed administrator]
Date: [date]
Re: Request for estate records of [decedent's name]

Dear [Name],

I am an interested person in the decedent's estate. Please provide copies of the following documents for the estate of [name]:
- The decedent's will and any codicils
- Inventory of estate assets and appraisals
- Bank and investment statements for accounts held in the decedent's name in the last 24 months
- Closing statements or deeds for real property transfers
- Any accountings, receipts, or records of distributions

Please provide these documents by [reasonable date, e.g., 14 days]. If you do not provide these documents, I may seek court intervention to compel production.

Sincerely,
[Your name and contact information]
  

Helpful Hints

• Make all requests in writing and keep copies and delivery proof.
• Check the county Superior Court probate docket early; many filings are public.
• Keep good records of all communications and suspected missteps by the administrator.
• Use plain, specific requests—list documents and date ranges—so a court can act if needed.
• If the administrator claims authority but no probate case exists, ask them to show letters of appointment from the court.
• Act quickly if you suspect theft or elder abuse—criminal referrals may be necessary.
• Consider limited-scope help from a probate attorney if you need only a one-time motion or subpoena prepared.

Where to find more Washington resources

• RCW Title 11 (Probate and related statutes): https://app.leg.wa.gov/rcw/title/11/
• Washington Courts — probate forms and guidance: https://www.courts.wa.gov/forms/?fa=forms.home&category=probate

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For specific legal guidance about your situation, consider consulting a licensed Washington attorney.