Utah: What to Do When an Administrator Withholds Estate Information

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

How to obtain estate records and hold a personal representative accountable under Utah law

Detailed Answer

This page explains what people entitled to information about an estate can do when the person appointed to administer the estate (the personal representative, sometimes called an administrator or executor) refuses or fails to provide asset lists, accountings, or other estate documents. The guidance below is written to help a beneficiary, heir, or interested person understand typical rights and practical steps under Utah law. This is educational only and not legal advice.

Who can ask for estate information?

Usually, heirs, beneficiaries named in a will, and some other interested persons have a right to basic information about estate assets and transactions. A personal representative has a fiduciary duty to collect, preserve, and account for estate property and to keep interested persons reasonably informed about administration.

What documents you are entitled to see

Common documents beneficiaries can request include:

  • Inventory of estate assets and valuations
  • Copies of the will and letters testamentary or letters of administration
  • Bank records and account statements for estate accounts
  • Copies of deeds, titles, and insurance policies
  • Appraisals or professional valuations
  • Receipts for material expenses and distributions
  • Accountings filed with the probate court

What the personal representative must do under Utah law

Under Utah’s probate law, the personal representative must locate and safeguard estate assets, provide inventories and accountings when required, and administer the estate in the best interests of the estate and its beneficiaries. If a personal representative fails to provide required reports or otherwise breaches duties, interested persons can use the probate court to compel compliance, require an accounting, or seek removal or monetary remedies against the personal representative. For the statutory framework, see Utah Code Title 75 (Uniform Probate Code): https://le.utah.gov/xcode/Title75/75.html.

Practical step-by-step actions to take

  1. Confirm your status and gather any documentation. Make sure you are an interested person (a beneficiary named in a will or an heir under intestacy). Gather any copies of the will, letters from the court, or prior communications.
  2. Ask in writing. Send a clear written request to the personal representative (email plus certified mail or a courier delivery receipt works well). State the documents you want (inventory, accountings, bank statements, deeds) and give a reasonable deadline (commonly 10–14 days). Keep copies of your request and delivery proof.
  3. Check probate filings. Look up the estate file at the local Utah probate court clerk. Many filings (petitions, letters, accountings) are public records. Utah Courts’ probate self-help pages can point you to local procedures: https://www.utcourts.gov/howto/probate/.
  4. Request a formal accounting or inventory from the court. If the personal representative does not comply, you can file a petition with the probate court asking the judge to order the personal representative to file an inventory or a formal accounting. The court has the authority to compel the production of records and to set deadlines.
  5. File a motion to compel or subpoena documents. The court can issue orders compelling document production. If the personal representative or a third party refuses to provide records, the probate court can issue subpoenas (subpoena duces tecum) to require those records be produced.
  6. Seek removal or surcharge for breaches. If the personal representative has mismanaged assets, hidden assets, or otherwise breached fiduciary duties, you may petition the court to remove the personal representative and/or to surcharge (financially charge) them for losses caused by misconduct.
  7. Ask for temporary relief when assets are at risk. If you reasonably believe estate assets are being dissipated, stolen, or concealed, you can ask the court for emergency orders (temporary restraints) to freeze certain transactions and protect assets pending a hearing.
  8. Consider alternative dispute resolution. In some cases, mediation or settlement negotiation can be quicker and less costly than litigation, particularly when the dispute mainly involves communication and record access rather than clear theft or fraud.
  9. Hire a probate attorney if necessary. Complex disputes, suspected fraud, or large estates generally justify legal representation. An attorney can file the proper petitions, draft subpoenas, and present evidence at hearings.

What to expect in court

The probate judge will review the petition and may order an accounting, production of documents, or other relief. Courts generally require personal representatives to explain their actions and to produce documentation supporting asset inventories and distributions. If the PR is found to have breached duties, the court can order corrective measures, monetary damages, or removal.

Timing and costs

Probate procedures follow local court rules and statutory timelines. Court petitions and hearings take time and may involve filing fees. If the court finds the personal representative acted improperly, it may order the estate to reimburse reasonable attorney fees incurred by the beneficiary in seeking compliance.

Helpful statutory and court resources

Important note: This answer is a general overview. Exact procedures and statute sections that apply will depend on the facts of your case and local court rules.

Disclaimer: This information is educational only and not legal advice. For advice about your specific situation, consult a licensed attorney in Utah.

Helpful Hints

  • Always make written requests and keep copies of everything you send and receive.
  • Be specific in your requests (dates, account numbers if known, particular documents). Broad requests are harder to enforce.
  • Check the probate case file at the local court—some documents may already be filed and available to you.
  • If you suspect fraud or theft, ask the court for emergency relief right away.
  • Keep communication professional and concise. Courts view constructive attempts to resolve issues favorably.
  • If cost is a concern, ask the court about fee waivers or free/low-cost legal help resources in your county.
  • Act promptly. Delay can make it harder to recover assets or obtain records.

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.