What to Do When an Administrator Is Withholding Estate Information

Short answer: If a proposed or appointed administrator is refusing to share estate documents or asset information in West Virginia, beneficiaries and interested parties can demand records in writing, ask the probate court to order an inventory or an accounting, move to compel disclosure, and, in serious cases, ask the court to remove or surcharge the administrator. The probate court has statutory authority over administrators and can force production of records and impose remedies. This article explains practical steps, the key legal tools under West Virginia law, and how to proceed.

Detailed Answer — Your rights and legal tools under West Virginia law

When someone is appointed as personal representative (administrator or executor) of a decedent’s estate in West Virginia, they have fiduciary duties to manage estate assets, keep accurate records, and report to the probate court and to interested persons. If the proposed administrator is withholding documents such as account statements, deeds, titles, insurance policies, or an inventory of assets, you have several options to compel disclosure and protect the estate.

1. Confirm your legal status as an interested person

Only certain people—typically heirs, beneficiaries named in a will, creditors, and sometimes spouses—have standing to demand information from the administrator. If you are a beneficiary or otherwise an interested person, you can ask the court to require disclosure.

2. Make a formal written demand

Begin by making a clear, written demand for the documents and information you want. Send the demand by certified mail or other trackable method and keep a copy. A polite but firm demand often resolves misunderstandings. Include a reasonable deadline (for example, 10–14 days) for production.

3. Check the probate file and court records

Visit or contact the probate clerk in the county where the estate is open. Court filings are public. The file may already contain inventories, petitions, bond information, and any accountings the administrator filed. The clerk can tell you whether the administrator has filed an inventory or accounting and what court orders exist.

4. Ask the court for an inventory or accounting

West Virginia probate law gives the court authority to require administrators to inventory estate property and to render periodic accountings. If an inventory or accounting has not been filed, an interested person can petition the probate court to order the administrator to file one. See West Virginia Decedents’ Estates statutes (Chapter 44) for the probate court’s authority and procedures: W. Va. Code Chapter 44 — Decedents’ Estates.

5. File a motion to compel or seek enforcement

If the administrator ignores your written demand and refuses to produce documents, you can file a motion in the probate court asking the judge to order production. The court can compel disclosure, issue sanctions, and order costs and attorney’s fees in appropriate cases.

6. Consider removal, surcharge, or other remedies

If the administrator is intentionally concealing assets, committing fraud, mismanaging estate property, or failing to perform fiduciary duties, you may petition the court to remove the administrator and appoint a successor. The court can also surcharge (monetarily charge) an administrator for losses caused by breach of duty. These remedies are serious; you should gather evidence (communications, bank statements, notices, witness statements) before filing a petition.

7. Use discovery tools and subpoenas

In contested matters, courts allow discovery. You may request documents through formal discovery or request that the court issue subpoenas to third parties (banks, brokers, insurers) for records showing estate assets. The probate judge controls discovery in probate litigation.

8. Preserve evidence and keep records

Keep copies of all communications, certified-mail receipts, emails, texts, and any documents you do have. Preserve evidence of attempts to obtain information and any suspicious actions by the administrator (transfers, withdrawals, changes to property titles).

9. When to get an attorney

If the administrator refuses to comply after a written demand, if assets appear missing, if you suspect fraud, or if significant estate property is at stake, consult a probate attorney. An attorney can prepare petitions, handle hearings, issue subpoenas, and represent you in removal or surcharge proceedings.

How to proceed — step-by-step checklist

1. Confirm you are an interested person (beneficiary, heir, or creditor).
2. Send a written demand for the inventory and specific documents (accounting, bank statements, deeds, titles, insurance) by certified mail; set a clear deadline.
3. Contact the county probate clerk to review the court file and check for any inventories or accountings already filed.
4. If the demand fails, file a petition or motion in probate court to compel production and to order the administrator to file an inventory/accounting (cite Chapter 44 generally for probate authority: W. Va. Code Chapter 44).
5. If you believe misconduct occurred, prepare a petition for removal and/or surcharge and collect supporting evidence.
6. Consider discovery or subpoenas for third-party records (banks, brokers). The probate court can order production of third-party records relevant to the estate.
7. If the case is contested, retain a probate attorney experienced in West Virginia decedents’ estates.

Key West Virginia resources

• West Virginia Code — Decedents’ Estates (Chapter 44): https://www.wvlegislature.gov/WVCode/ChapterEntire.cfm?chapter=44
• West Virginia Judiciary — Probate information and forms: https://www.courtswv.gov/legal-community/probate/

Helpful Hints

• Always start with a written demand and use certified mail so you have proof of service.
• Keep communications professional and factual. Courts look for evidence of reasonable attempts to resolve disputes before litigation.
• Document suspicious transfers by taking screenshots, saving emails, and obtaining bank records (subpoena if necessary).
• Ask the probate clerk what forms or local procedures the county uses for petitions requesting inventories, accountings, or removal.
• Time matters. Acting quickly can prevent dissipation of estate assets.
• If you cannot afford an attorney, ask the probate clerk about local legal aid resources or limited-scope representation clinics.

Disclaimer: This article explains general information about West Virginia probate practice and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed West Virginia probate attorney or contact the probate clerk in the county where the estate is being administered.