Wyoming: Options When a Proposed Administrator Withholds Estate Asset Information

Detailed Answer

If a proposed administrator (someone who is asking to be appointed to handle an estate) is withholding asset information or estate documents from you, you have options under Wyoming probate practice. This FAQ-style answer explains who has rights, what documents you can request, how to demand them, and what to do if the proposed administrator refuses to cooperate. This is educational information only and not legal advice.

Who has a right to see estate information?

In most Wyoming probate matters, people with a direct interest in the estate can inspect certain probate records and ask the personal representative (proposed administrator) for information. That generally includes:

Beneficiaries named in the will.
Heirs who would inherit if there is no will.
Creditors with proper claims against the estate.

What documents and information can you request?

Ask for a clear, written set of documents and reports. Common items you can request are:

The decedent’s will and any codicils.
Filed probate petition and letters of administration (or a copy of the proposed petition if not yet filed).
Inventory of estate assets and appraisals.
Accountings, income statements, and bank statements showing estate funds.
Receipts for distributions, bills paid, and any transfers made by the proposed administrator.
Copies of estate tax returns or notifications from taxing authorities.
Bonds or insurance documents related to the administrator’s duties.

How to make the request

Start with an informal, polite written request listing the documents you want. Send it by certified mail or email so you have a record.
If the proposed administrator does not respond, send a second written demand explaining that you are a beneficiary/heir and that you may ask the probate court to compel disclosure.
Keep copies of all communications and any responses. Note dates and methods of delivery.

What to do if the proposed administrator refuses or stalls

If informal requests fail, you can escalate through the probate court. Typical court options in Wyoming probate practice include:

Filing a petition or motion asking the probate court to order the proposed administrator to produce the inventory and accountings. Courts can compel fiduciaries to provide information and account for their actions.
Asking the court for an order appointing a special administrator to preserve estate assets while disputes are resolved.
Filing a motion to remove or limit the proposed administrator if there is misconduct, self-dealing, or a demonstrated inability to administer the estate properly. The court has authority to remove fiduciaries who breach duties.
Requesting subpoenas or discovery through the court (for example, subpoenas to banks for account records) if the administrator is obstructing access to records.
Seeking interim remedies such as injunctions to prevent asset dissipation.

Where to find the law and court forms

Wyoming’s statutes and the state’s probate procedures describe the duties of personal representatives and the court’s powers. For statutes and related information, start with the Wyoming Legislature and the Wyoming Judicial Branch:

These resources will point you to the specific statutory sections and local court rules that govern inventories, accountings, fiduciary duties, and removal of administrators.

Practical steps and timeline

Document: Save your written requests and any replies. Gather proof of beneficiary or heir status (a copy of the will or family tree).
Demand: Send a formal written demand and give a reasonable deadline (commonly 10–14 days, but tailor to the situation).
File: If no adequate response, contact the probate court in the county where probate would be or was filed and ask the clerk how to file a petition to compel an accounting or to seek appointment of a special administrator.
Consider counsel: If the estate is large, assets are being diverted, or the administrator is hostile, consult a probate attorney for representation and possible expedited emergency relief.

Costs and remedies

The court can order the administrator to produce records and may award costs or attorney fees against a fiduciary who wrongfully withholds information or otherwise breaches duties. In some cases, courts may surcharge (hold financially responsible) the administrator for losses caused by misconduct.

When to get a lawyer

Consider hiring a local probate attorney if:

Large or complex assets are involved.
There is suspected theft, fraud, or self-dealing.
The proposed administrator is uncooperative despite written demands.
You need help preparing and filing motions, subpoenas, or emergency petitions with the probate court.

Local counsel can also check specific Wyoming statutes and rule citations and prepare pleadings that cite the exact legal authority you need.

Quick summary

You should: (1) send a written demand for specific documents; (2) keep records; (3) ask the probate court to compel an accounting or appoint a special administrator if necessary; and (4) consider hiring a probate attorney when assets are substantial or misconduct is suspected. The Wyoming courts have authority to compel disclosure, remove or limit administrators, and award remedies against fiduciaries who breach their duties.

Disclaimer: This information is educational only and does not constitute legal advice. For advice about your specific situation, consult a licensed Wyoming probate attorney.

Helpful Hints

Put all requests in writing and keep a dated file with copies of everything you send and receive.
Ask for a complete inventory and any filed accountings; identify bank accounts and titles of assets specifically.
If you suspect immediate dissipation of assets, ask the court for emergency relief or appointment of a special administrator quickly.
Use certified mail or another trackable delivery method for formal demands.
Collect supporting documents that prove your status (copy of will, relationship documents, death certificate) before filing anything with the court.
Contact the probate court clerk to learn filing procedures and local forms before you prepare motions.
If you cannot afford an attorney, ask the court about local legal aid resources or limited-scope representation options.
Be specific in requests: name the accounts, describe property, and request dates for transactions to make it easier for the administrator to comply and easier for the court to order compliance.
Keep communications professional; hostile or accusatory messages can complicate mediation or settlement efforts.

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