How to respond if an administrator is withholding estate asset information and documents
This FAQ-style guide explains what beneficiaries and interested persons can do under Missouri law when a proposed or appointed personal representative (administrator) is not providing estate records. This is educational information, not legal advice. For guidance about your specific situation, consult a Missouri probate attorney.
Detailed answer — your rights and practical legal steps under Missouri law
Who can ask for estate information?
Typical interested persons include named beneficiaries, heirs at law, certain creditors, and persons who have a financial interest in the estate. These people generally have a right to inspect certain estate records and to receive required filings from the personal representative once administration begins.
What records should be available?
Records commonly expected to be provided or filed in probate include:
- The will (if one exists) and any codicils;
- Death certificate;
- Inventory of estate assets and appraisements;
- Accountings of receipts, disbursements, and distributions;
- Copies of checks, bank statements, deeds, titles, and contracts related to estate property;
- Court filings (petitions, orders, notices to creditors).
Missouri law background (where to look)
Missouri’s probate rules and statutes govern the duties and duties of a personal representative and the court’s supervision of estate administration. For statutory text and to confirm the exact duties and remedies, see the Missouri Revised Statutes and the probate chapters on the official revisor site: Missouri Revised Statutes — Revisor of Statutes and the probate/estates chapter index at Chapter 474 — Estates of Deceased Persons.
Practical steps to take (escalating in order)
- Make a clear written request. Ask the proposed administrator in writing (email or certified letter) for the specific documents you want (inventory, accounting, will, deeds, bank statements). Keep a dated copy for your records. A written record helps if you later need to ask the court to intervene.
- Talk to the probate court clerk. If a probate case has been opened or a petition filed, many court filings (such as inventories or accountings) are public and available from the clerk. Ask the clerk whether the administrator has filed required documents and how to obtain copies.
- Request an informal explanation. Sometimes delays or refusals stem from confusion, estate complexity, or a claim that documents are being assembled. Ask for a timetable and specific reasons for any delay.
- File a petition in probate court to compel an accounting or production of documents. If informal requests fail and the administrator is appointed or a petition for appointment is pending, you can ask the probate court to order production of records and an accounting. The court has authority to compel disclosures, require an inventory, and schedule hearings.
- Ask the court to remove or restrict the personal representative. If the administrator is refusing to perform duties, mismanaging assets, or acting in bad faith, you may petition the court to remove them, limit their authority, or require a bond. The court may appoint a special administrator or deputy to secure assets while the dispute is resolved.
- Seek interim or emergency relief. If you reasonably suspect theft, dissipation, or that estate assets are in imminent danger of being lost, ask the court for injunctive relief (temporary restraining order, freeze of accounts, appointment of a special administrator) to protect the estate.
- Consider civil claims against the administrator. If records show misappropriation or breach of fiduciary duty, beneficiaries can seek damages (surcharge), restitution, or removal through probate court and possibly through separate civil claims.
- Report criminal conduct if appropriate. If you have evidence of theft, embezzlement, forgery, or fraud, contact local law enforcement or the county prosecutor to report the suspected crime. Criminal charges and civil remedies can proceed in parallel.
- Hire a probate attorney. An attorney experienced with Missouri probate practice can prepare petitions, motions, subpoenas, and, if necessary, litigation steps to force disclosure and protect estate rights.
What the court can order
The probate court can require the personal representative to:
- File a complete inventory and appraisement;
- Provide accountings showing how estate assets were handled;
- Produce requested documents for inspection or supply copies;
- Post a bond or be removed if they fail to perform fiduciary duties;
- Pay sanctions or be surcharged for losses caused by misconduct.
Evidence to gather
Collect and preserve all communications (emails, texts, letters), copies of any documents you already have, notices you received from the probate court, bank statements or other proof of asset transfers you can access, and notes about phone calls or conversations. A careful file will help your attorney or the court evaluate the situation.
Timing and costs
How quickly things move depends on the county probate docket, complexity of the estate, and whether emergency relief is necessary. Court filings incur fees and possibly attorney fees; in some situations the estate may bear certain costs. Ask the probate clerk about local procedures and fee schedules.
Helpful Hints
- Always make document requests in writing and keep dated copies.
- Check with the county probate court clerk about whether a case is open and which documents have been filed.
- Be specific in requests: name exact documents (inventory, accountings, bank statements for X account, deed to Y property).
- Act quickly if you suspect asset loss. Emergency court requests move faster than general disputes.
- Do not attempt to seize or move estate assets yourself; that can create liability. Use court processes to gain relief.
- If funds are low and you are a beneficiary, ask whether the court can order the administrator to post a bond to protect the estate.
- Keep emotions out of communications — clear, factual records help the court and your attorney.
- If the other party claims privacy or confidentiality, ask on what legal basis and whether redacted copies or in-camera (private) review by the judge are possible.