How to respond if the proposed administrator is withholding estate asset information and documents

Short answer: In Ohio you can demand records in writing, request the probate court to compel an accounting or to remove the administrator, and seek court sanctions or surchargeable damages if the fiduciary is breaching duties. Start by obtaining copies of what must already be filed with the probate court (inventory, letters, and accountings) and then use the court’s enforcement procedures if informal requests fail.

Detailed answer — what you should know and the steps to take

This section explains, in plain language, what rights interested persons usually have in Ohio probate matters, what documents you can expect, and the practical and legal steps to take if the administrator (or proposed administrator) is withholding information.

Who is an “interested person”?

If you are an heir, beneficiary named in the will, or a creditor of the estate, the law generally treats you as an “interested person.” Interested persons have the right to monitor the administration of the estate and to ask the probate court to protect their rights.

What documents you can expect to be filed and why they matter

• Letters testamentary or letters of authority: These are documents issued by the probate court that give the administrator official power to act. You can ask the court clerk for a copy.
• Will (if one exists): The probate court typically files the original will when it is submitted for probate.
• Inventory and appraisement: Administrators normally must file an inventory of estate assets with the probate court. That inventory shows what the estate owns and helps beneficiaries know what exists.
• Accountings: Administrators often must provide periodic and final accountings showing receipts, disbursements, and distributions. Accountings let you verify whether assets and expenses are handled correctly.

Many of these filings become part of the public probate record and you can obtain copies from the probate court clerk. For an overview of probate court jurisdiction and procedure in Ohio, see the Ohio Revised Code, Chapter 2109 (probate court jurisdiction): https://codes.ohio.gov/ohio-revised-code/chapter/2109. For laws governing descent, distribution, and related matters, see Chapter 2113: https://codes.ohio.gov/ohio-revised-code/chapter/2113.

Practical first steps you should take

1. Ask the administrator in writing for specific documents. Send a polite but firm written request (email plus certified mail or regular mail) listing the documents you want (letters, inventory, recent accountings, bank statements, deeds). Keep a copy of your request and proof of delivery.
2. Check the probate court file. Go to the county probate court clerk or the court’s online docket. Many probate filings are public—request copies of the administrator’s letters, inventories, and any accountings already filed.
3. Document everything. Save copies of communications and any evidence showing missing records or suspected concealment (e.g., bank statements you obtain through probate, property records, or tax notices).
4. Talk to other interested persons. Co-heirs or other beneficiaries may have information or may join you in asking the court to act. Multiple interested parties acting together carry more weight.

When to involve the court

If the administrator refuses or ignores reasonable, documented requests, you have several court remedies in Ohio:

• Petition for an accounting or to compel production: You may file a written motion or petition in the probate court asking the judge to order the administrator to file an inventory or an accounting and to produce specified documents. The court can order production and set deadlines.
• Motion to show cause or contempt proceedings: If the administrator disobeys a court order, you can ask the court to hold the administrator in contempt or impose sanctions.
• Petition to remove the administrator: If the administrator is negligent, dishonest, or wastes estate assets, the court can remove that person and appoint a different fiduciary. Removal and replacement are serious remedies; courts consider evidence such as failure to account, mismanagement, or conflicts of interest.
• Surcharge or personal liability: If the administrator misappropriated assets or caused financial loss by misconduct, the court can require them to personally reimburse the estate for damages.

These remedies are available through the probate court. For general procedural authority of probate courts in Ohio, see: Ohio Rev. Code Chapter 2109. For matters about distribution and fiduciary responsibilities, see: Ohio Rev. Code Chapter 2113.

When to get a lawyer

If the administrator continues to withhold documents, if you suspect theft or serious mismanagement, or if the estate is valuable or complex, consult an attorney who handles probate litigation. An attorney can draft formal motions, represent you at hearings, and pursue removal or surcharge claims. Even before hiring an attorney, many lawyers will offer a short consultation to explain your options.

Helpful Hints

• Always make requests in writing and keep proof of delivery (email receipts, certified mail slips).
• Start with the probate clerk: many necessary documents are already on file and available to the public.
• Ask for a clear, time-limited response (for example, “Please provide the estate inventory and last accounting within 14 days”).
• Collect and preserve evidence (bank statements, property records, emails) that show asset transfers or missing items.
• Coordinate with other beneficiaries or heirs. A joint petition or combined legal action is often more effective.
• Consider alternative dispute resolution (mediation) if relationships among family members make court battles counterproductive.
• Act promptly—unnecessary delay can make remedies harder to obtain and allow estate assets to be dissipated.
• Contact your county probate court clerk for filing procedures, fees, and local rules—clerks can often explain how to request public records or how to file a petition.

Where to find more information

Ohio statutes and probate rules are available online at the Ohio Laws site. Start with the probate court chapter and the chapters on descent/distribution: Ohio Rev. Code Chapter 2109 and Ohio Rev. Code Chapter 2113. Your local county probate court’s website also has practical information about filings and public records.

Disclaimer: This article explains general Ohio probate concepts and common procedures. It is not legal advice, does not create an attorney-client relationship, and may not cover rules that apply to your specific situation. For advice about your case, consult a licensed Ohio attorney.