What to do when a proposed estate administrator won’t share asset lists or documents
Detailed answer — how Indiana law lets interested people get estate information
If someone who is acting (or is about to act) as an estate administrator is refusing to provide inventories, accountings, bank statements, deeds, or other estate records, you have concrete options under Indiana probate law. This answer explains who can demand documents, practical steps to try first, and the court remedies available if the administrator keeps withholding information.
Who has the right to ask for estate records?
Generally, “interested persons” — beneficiaries named in a will, heirs if there is no will, and sometimes creditors — have a legal interest in an estate and therefore the right to request information about estate assets and administration. If you are an heir or beneficiary, you should be able to obtain inventories and accountings that show what assets exist and how the administrator is handling them.
Key goals you can seek
- Obtain an inventory of estate assets and any appraisals.
- Receive periodic accountings showing receipts, disbursements, and distributions.
- Secure copies of important estate documents: bank records, deeds, titles, insurance policies, tax returns, and contracts.
- Get the court to compel disclosure, supervise the estate, or replace the administrator if necessary.
Immediate practical steps to take
- Ask informally first. Call or email the proposed administrator and request the specific documents you want (example: “Please provide the estate inventory, bank account statements for X bank, and copies of any deeds or valuations.”). Keep a record of those requests.
- Send a written demand. If informal requests fail, send a dated written demand by email and certified mail. State who you are (beneficiary/heir), what documents you seek, and give a reasonable deadline (e.g., 14 days). Save proof of delivery.
- Preserve evidence. Save copies of all communications, notes of phone calls, and any documents you already have that show your interest in the estate.
- Check whether letters have been issued. If the court has not issued letters of administration, the person has no court-granted authority as administrator. If letters already issued, they have fiduciary duties owed to interested persons.
Court remedies in Indiana
If voluntary disclosure fails, you can use the probate court to force disclosure and protect the estate.
- File a petition to compel an inventory or accounting. Probate courts routinely order administrators to file inventories and accountings. A petition asks the court to require the administrator to produce a full inventory, documents, or a formal accounting of estate transactions.
- Ask the court for supervised administration or an order to produce records for inspection. The court can require the administrator to produce records for inspection and can supervise distributions to protect beneficiaries.
- File a petition to remove or replace the administrator. If the administrator breaches fiduciary duties (refuses to disclose assets, wastes assets, commits self-dealing, or otherwise acts unfit), you can ask the court to remove them and appoint a different personal representative.
- Seek surcharge or other monetary remedies. If the administrator’s misconduct causes loss to the estate, the court can hold them financially responsible (a surcharge) for losses and order restitution.
- Use contempt or sanctions where appropriate. If the court orders disclosure and the administrator still refuses, the court can impose sanctions, including contempt, until the documents are produced.
Indiana’s probate statutes and procedures govern appointment of personal representatives, inventories, and accountings. See Indiana Code Title 29 (Probate) for those provisions: https://iga.in.gov/legislative/laws/2023/ic/titles/29. Your local probate court will handle petitions and motions under these statutory rules.
Timing and practical considerations
Act promptly. Estates have deadlines (creditor notice periods, tax filings, distribution timelines). Delays can make it harder to recover assets or undo improper distributions. If you suspect the administrator is hiding or wasting assets, seek court intervention quickly.
When to get a lawyer
If your written demands fail, the administrator ignores court requests, or you suspect theft or serious self-dealing, hire a probate attorney. An attorney can prepare and file the necessary petitions, gather evidence, and represent you in court. If cost is a concern, many attorneys offer an initial consultation and contingency or limited-scope representation for certain estate disputes.
Example (hypothetical)
Suppose you are a named beneficiary and your sibling (the proposed administrator) was given access to your parent’s safe and bank accounts. They refuse to share an inventory and will not provide bank statements. You send a written demand and get no documents. Your next step would be to file a petition in the probate court asking the judge to order the administrator to file a formal inventory and accounting and to produce bank statements. If the administrator still refuses, you can ask the court to remove them and to surcharge any missing funds.
Helpful hints
- Keep all requests short, specific, and in writing. Vague demands are easy to ignore.
- Document dates, methods, and responses for every request (email, certified mail receipts, voicemail logs).
- Ask the court clerk how to file a petition — many clerks can point you to the local forms and the filing process for probate matters.
- If the administrator has not yet been appointed, ask the court to withhold letters of administration or to require an inventory before granting broad authority.
- Don’t accuse publicly. Keep communications professional and focused on documents and legal duties.
- If you suspect criminal activity (theft, fraud), consider contacting law enforcement in addition to pursuing civil remedies in probate court.
- Meet deadlines for creditor claims and estate filings. Missing a deadline could reduce your remedies.