Detailed Answer

If you are a beneficiary, heir at law, or other interested party in a Virginia estate, you have legal rights to information about estate assets and administration. The person appointed by the circuit court to manage the estate (often called the personal representative, administrator, or executor) owes fiduciary duties to the estate and to interested parties under Virginia law (see Code of Virginia, Title 64.2: Wills, Trusts, and Administration of Estates: https://law.lis.virginia.gov/vacode/title64.2/).

Key duties of the personal representative

• Collect and protect estate assets.
• Prepare an inventory/appraisement and account of estate assets and expenditures.
• Provide information to creditors and interested parties and make proper distributions according to the will or Virginia intestacy rules.

What documents and information you can generally request

You may request copies of:

• The inventory and appraisement (an accounting of estate assets).
• Bank statements, brokerage statements, and deeds showing title changes.
• Records of receipts, disbursements, and expenses paid by the estate.
• Copies of the will and any codicils, petitions filed with the court, and orders issued by the court.

Practical steps to take when documents are being withheld

1. Ask informally first. Contact the personal representative and request the specific documents in writing. Keep a copy of your request and note the date you sent it.
2. Send a formal written demand. If an informal request fails, send a certified letter or email (if appropriate) that states what you want, why you are entitled to it, and a reasonable deadline (e.g., 10–14 days).
3. Keep detailed records. Save all correspondence, notes from phone calls, and copies of any documents you do receive.

When the personal representative still refuses — court remedies available in Virginia

If the personal representative does not produce records after a written demand, you can ask the circuit court that is supervising the estate to intervene. Common court remedies include:

• Motion or petition to compel an accounting or production of documents. You can file a petition with the probate/circuit court asking the court to order the personal representative to file the inventory or an accounting and to turn over records. The court has authority under Title 64.2 to require the personal representative to account for estate assets (Code of Virginia, Title 64.2).
• Petition for citation or contempt. If the court has ordered the representative to provide records and they still refuse, the court can issue a citation for contempt and impose sanctions.
• Request removal and replacement of the personal representative. If the representative has breached fiduciary duties, mismanaged or misappropriated assets, or otherwise failed to perform, you can petition for their removal and for a successor representative to be appointed.
• Request surcharge, turnover, or restitution. If the representative misused estate property, the court can order restitution or a surcharge against the representative to compensate the estate or injured beneficiaries.
• Ask the court to require or increase a bond. If the representative is bonded, the court can require the bond be used to protect the estate, or require a larger bond to secure future administration.
• Request a special accounting or independent audit. The court can order a detailed accounting or appoint an auditor or special administrator to investigate.
• Civil or criminal claims. In cases of theft or embezzlement of estate assets, you may be able to pursue civil claims for conversion or civil fraud, and you may report criminal conduct to law enforcement for possible prosecution.

How to start a court action

Start by contacting the clerk of the circuit court that opened the probate matter. Most Virginia circuit court websites have probate/self-help pages and basic forms or filing instructions: Virginia Judicial System — Probate Self-Help. Because procedures vary by county, the clerk can explain required forms, filing fees, and how to request hearings. Many interested parties hire a probate or estate attorney to file a petition and represent them in court.

Timing and evidence

Act promptly. The longer you wait, the harder it can be to locate missing assets and to hold a representative accountable. Preserve evidence: copies of bank statements, emails, texts, letters, cancelled checks, deeds, and any financial records you already have. Prepare a timeline of events showing when the representative was appointed and when actions or refusals occurred.

Costs and likely outcomes

Litigation costs vary. Courts can award costs and fees in certain situations, but recovery is not guaranteed. Courts may order production of records, remove a fiduciary, order restitution, or appoint an auditor. Outcomes depend on the strength of the evidence and the specific facts.

Helpful Hints

• Send requests in writing and keep copies. Written requests create a paper trail the court will want to see.
• Be specific in your requests: name the exact documents and date ranges (e.g., bank records from Jan. 2019–Dec. 2023).
• Check the probate file at the circuit court. Many court filings (petitions, wills, some orders) are public records and you can obtain copies from the clerk.
• Ask whether a bond was required and whether it’s sufficient to protect the estate. The court can require a bond or increase it if needed.
• Consider mediation or settlement if the other side is willing; that can be faster and cheaper than a full court hearing.
• If you suspect theft or fraud, preserve evidence, avoid confronting the representative alone, and consult both an attorney and law enforcement as appropriate.
• Seek legal help early. A Virginia probate attorney can advise you about specific court procedures in the county handling the estate, draft the necessary petitions, and represent your interests at hearings.

Where to get more information

Code of Virginia, Title 64.2 — Wills, Trusts, and Administration of Estates: https://law.lis.virginia.gov/vacode/title64.2/

Virginia Judicial System — Probate Self-Help: https://www.vacourts.gov/courts/circuit/selfhelp/probate/index.html