Kentucky: What to Do When a Proposed Administrator Withholds Estate Documents

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

If you are a beneficiary, heir, or someone with an interest in an estate in Kentucky and the proposed administrator is refusing to share asset information or estate documents, you have several rights and practical steps you can take. Administrators (sometimes called personal representatives) generally owe fiduciary duties to the estate and the interested persons. Those duties include a duty to account for estate property, to preserve estate assets, and to provide information to interested persons. In Kentucky these responsibilities arise from the probate laws governing wills and administration (see KRS Chapter 395).

What rights you typically have

  • Right to view the probate file and filed inventories and accountings at the court where the estate was opened. Probate is a public court process; many documents filed with the probate clerk are available to interested persons.
  • Right to request an inventory and accounting. Most jurisdictions require an administrator to file an inventory of estate assets and, at intervals or at closing, an accounting to show receipts, expenses, distributions, and remaining assets. If the administrator has not provided these, you can ask the court to order one.
  • Right to petition the court for enforcement. If an administrator refuses reasonable requests, the court can compel production of documents, require an accounting, or remove the administrator for breach of duty.

Practical steps to take right away

  1. Ask in writing. Send a clear, polite written request for specific records (inventory, accountings, bank statements, deeds, title documents, and beneficiary communications). Keep a copy and note the date you sent it. A written request helps show the court you tried to resolve the issue informally.
  2. Check the probate case file at the circuit court clerk. Visit or contact the circuit court clerk in the county where the decedent’s estate is being probated. Ask for the estate’s docket number and request copies of any inventories, petitions, accountings, or orders already filed. Many clerks will let interested persons inspect filings or provide certified copies for a fee.
  3. Request an informal accounting. If the administrator claims there are privacy or safety concerns, you can ask for redacted copies of sensitive documents while still seeing the key financial information you need to protect your interests.
  4. File a petition in probate court. If written requests and clerk-file checks fail, you can petition the probate court to compel the administrator to produce the inventory, supporting documentation, and an accounting. Ask the court for a specific order and, if appropriate, a deadline.
  5. Ask for a citation or show-cause hearing. The court can issue a citation to the administrator to appear and explain why they have not provided the records. If the administrator cannot justify the withholding, the court may order production, impose sanctions, or remove the administrator.
  6. Seek removal or surcharge if misconduct is serious. If the administrator intentionally conceals assets, wastes estate assets, or otherwise breaches fiduciary duties, you can ask the court to remove them as administrator. The court may also impose a surcharge (financial liability) to compensate the estate for losses caused by misconduct.
  7. Consider a bond increase or restraining order. If you suspect the administrator is dissipating estate assets, ask the court to increase the administrator’s bond or enter an order freezing certain assets until the court resolves the dispute.
  8. Get help from an attorney when needed. If the administrator continues to refuse or the estate is large or complex, talk to a probate attorney. An attorney can prepare and file the necessary petitions, represent you at hearings, and advise about damages or removal.

How the Kentucky court system can help

Kentucky probate courts supervise administration and can enforce fiduciary duties. You can review probate rules and forms through the Kentucky Court of Justice and consult the Kentucky Revised Statutes on wills and administration (KRS Chapter 395) to understand statutory filing and accounting requirements. Useful starting resources include the Kentucky Court of Justice probate information and the Kentucky Revised Statutes on wills and administration.

Kentucky Court of Justice — Probate information: https://courts.ky.gov/

Kentucky Revised Statutes — Wills and Administration (Chapter 395): https://apps.legislature.ky.gov/law/statutes/chapter.aspx?chapter=395

Timing, cost, and what to expect

  • Timeline: The court can often set an expedited hearing for urgent matters (for example, suspected asset dissipation). For regular accounting or removal actions, expect several weeks to months depending on court schedules and the complexity of the estate.
  • Costs: Filing fees and service costs apply for petitions; if you hire an attorney, expect hourly fees or a flat fee. In some cases the court may allow the estate to pay reasonable attorney fees for actions that benefit the estate.
  • Evidence: Keep written requests, copies of communications, and any supporting evidence that assets exist (bank statements, property records, or insurance policies). These will help the court order the administrator to provide records.

When to talk to a lawyer

Consult a probate attorney if the administrator continues to withhold documents after formal requests, if you suspect hidden or stolen assets, if you need to remove the administrator, or if the estate is valuable or contested. An attorney can advise whether a petition for accounting, citation, surcharge, removal, or temporary injunctive relief is the best next move.

Where to file and how to find local help: File petitions in the circuit court where the probate file is open. If you need an attorney, look for lawyers experienced in Kentucky probate or estate administration. The local bar association can often provide referrals.

Helpful Hints

  • Make all information requests in writing and keep copies.
  • Start at the county circuit court clerk — many probate filings are public and the clerk can tell you what’s been filed.
  • Ask for a limited (redacted) accounting if privacy concerns are raised by the administrator.
  • Document any suspicious conduct (missing deadlines, unexplained transfers, or sudden sales of assets).
  • If you fear asset dissipation, move early to request a bond increase, an asset freeze, or an emergency hearing.
  • Check recorded property records (county clerk/recorder) to verify ownership or transfers.
  • Be precise in petitions — identify the specific documents you want (inventory, bank records, deeds, accountings) and the time period.
  • Contact the court clerk for procedural questions — clerks can explain filing steps though they can’t give legal advice.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. Laws change and every situation is different. Consult a licensed Kentucky attorney to get advice tailored to your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.