Understanding Your Rights When an Administrator Withholds Estate Information in Alabama

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general information about Alabama probate practice to help you decide whether to speak with an attorney.

Detailed Answer

If someone appointed as an administrator (sometimes called a personal representative or executor) is withholding estate documents or asset information from you, Alabama law gives interested persons several practical and legal options. Below is a clear roadmap of what you can do, why those steps matter, and where to look for official authority.

Who counts as an “interested person”?

An interested person generally includes heirs, beneficiaries named in a will, creditors, and sometimes people who would inherit if there were no will. If you fit one of those categories, you have standing to ask the probate court to act.

Your basic rights

Administrators have fiduciary duties to the estate and must account for assets, preserve estate property, and act in the estate’s best interest. That normally includes preparing and filing inventories and accountings with the probate court, providing information to heirs and beneficiaries upon request, and not misappropriating estate property.

Practical first steps (fast, low-cost)

Ask in writing. Send a polite written request to the administrator asking for specific documents (inventory, bank statements for estate accounts, deeds, title documents, accountings filed with probate, and a list of assets and liabilities). Keep a dated copy.
Contact the probate clerk. Call or visit the probate court where the estate is opened. Ask whether an inventory or periodic accountings have been filed. Probate clerks can confirm what has been docketed and whether an administrator has filed required documents.
Preserve evidence. Save emails, letters, text messages, notes from phone calls, and records of what you asked for and when.

Formal legal remedies in Alabama probate court

If informal requests fail, you may need to use the probate court’s powers. Common court remedies include:

Petition for a citation to show cause or for an order requiring an accounting. Ask the probate court to order the administrator to appear and produce records or file an accounting. The court can compel production of accounts and supporting documents.
Petition for removal of the administrator. If the administrator is dishonest, refuses to perform duties, wastes estate assets, or is otherwise unfit, you can ask the probate court to remove and replace them. Removal is an equitable remedy the court may grant for cause.
Motion for surcharge and restitution. If the administrator misapplies estate property, you can seek a surcharge (a money judgment against the administrator) to recover losses to the estate.
Subpoena and discovery. Probate courts can order subpoenas for documents and testimony. If documents are withheld, the court can compel production through subpoenas or discovery procedures the court allows.
Contempt or sanctions. If the administrator ignores court orders to produce records, you can move to hold them in contempt of court, which can lead to fines or other sanctions.
Criminal referral. If you have reason to believe assets were stolen or converted, you may notify law enforcement; theft by an administrator can be a criminal matter in addition to a civil claim.

To locate the statutes and rules that govern administration and probate practice in Alabama, consult the Alabama Legislature and the Alabama Judicial system for probate procedures and local court rules: Alabama Legislature and Alabama Judicial System. The probate court clerk in the county where the estate was opened can also point you to the exact local procedures and filing requirements.

Evidence and preparation before you file

Courts respond best to organized, documented requests. Prepare the following before you petition the court:

A timeline showing when you asked for documents and the administrator’s responses.
Copies of any probate docket entries or filings you can find from the probate clerk.
A clear list of the documents you want (inventory, accountings, bank and brokerage statements for estate accounts, deeds, titles, bills, and receipts).
Any evidence of missing or diverted assets (bank notices, cancelled checks, changes in title records).

Timing, cost, and outcomes

Filing motions in probate court takes time and may require court fees. Simple petitions for an accounting or citation can sometimes be resolved quickly, but contested removal or surcharge proceedings can take longer and may require hearings and lawyer involvement. If the court finds wrongdoing, it can order replacement of the administrator, monetary recovery for the estate, and other remedies.

When to consult an attorney

If the administrator refuses to provide basic documents, seems to be hiding or converting assets, or the dispute involves complex trusts, tax issues, or large asset values, consult a probate attorney experienced with Alabama law. An attorney can draft the required pleadings, present evidence at hearing, and move quickly to protect estate assets.

Helpful Hints

Put every request in writing and keep dated copies.
Start with the probate clerk — many filings are public and clerks can tell you what’s been submitted to the court.
Ask the administrator specifically for the estate inventory and the last filed accounting; those are basic filings in most administrations.
Preserve all communications — text messages, emails, voicemails, and letters.
Document suspicious activity (unexplained transfers, asset sales without court approval, missing bank statements).
File a formal petition in probate court if informal requests fail. A single, well-phrased petition can often force production without a full trial.
If you suspect theft or criminal conduct, contact law enforcement after consulting a lawyer or the probate court clerk if you are unsure.
Act promptly — delays can make recovery harder and can affect creditor rights and tax filings.

Further resources: contact the probate court clerk in the county where the decedent died or the will was probated; visit the Alabama Legislature site for statutory text and the Alabama Judicial System site for court information: https://www.legislature.state.al.us/ and https://judicial.alabama.gov/.

If you want, provide a short summary of the situation (your relationship to the decedent, whether there is a will, the probate county, and a brief timeline) and I can suggest the next steps to take and what documents to request first.