What to expect and what you can do if an administrator is withholding estate information in Delaware

Disclaimer: This is educational information and not legal advice. I am not a lawyer. For advice about your particular situation, consult a Delaware probate attorney.

Detailed answer — your rights and practical steps under Delaware law

If you are an heir or beneficiary, Delaware law treats a personal representative (often called an executor or administrator) as a fiduciary. That person has a duty to locate and preserve estate assets, to account for them, and to provide heirs and beneficiaries with information about the estate’s administration. If a proposed or appointed administrator is withholding asset information or estate documents, you have several defensible steps you can take.

Who generally has a right to information?

Beneficiaries named in a will and heirs under intestacy have a right to be informed about the estate administration. The Register of Wills and Delaware courts supervise estate administration and can require fiduciaries to produce inventories and accountings. See Delaware statutes collected at Title 12, Decedents’ Estates and Fiduciaries: https://delcode.delaware.gov/title12/.

Immediate steps to take

Make a written request. Send a polite but clear written request to the proposed administrator asking for specific documents (see the checklist below). Keep a copy and send by certified mail or email so you have proof of delivery.
Ask the Register of Wills. Contact the Delaware Register of Wills for the county handling the estate to confirm whether probate papers have been filed and whether letters have been issued. The Register can explain court deadlines and filing status: https://courts.delaware.gov/RegisterOfWills/.
Request an inventory and accounting. Under Delaware probate practice, a personal representative normally must prepare an inventory and periodic accountings. If the administrator refuses, you can demand a formal accounting through the probate process and, if necessary, petition the court to compel it.
File a petition in probate court. If informal requests fail, beneficiaries can file a petition with the Register of Wills or the appropriate court asking the court to compel the administrator to: produce records, file an inventory, file accountings, or explain delays. The court has authority to order production and to supervise fiduciaries. See Title 12 resources: https://delcode.delaware.gov/title12/.
Seek removal or surcharge. If the administrator is withholding assets, misappropriating estate property, or otherwise breaching fiduciary duties, you can ask the court to remove the administrator and appoint another, and to order a surcharge (financial remedy) for losses to the estate.
Preserve evidence and consider emergency relief. If you suspect theft or dissipation of assets, ask the court for temporary injunctive relief to freeze assets or require immediate turnover. In serious cases, criminal laws (theft, embezzlement) may apply and you may wish to notify law enforcement—but coordinate this step with an attorney before filing criminal complaints.
Use formal discovery or subpoenas if the case is in litigation. If you sue the administrator (for example, to compel an accounting or for removal), you can use subpoenas and discovery to obtain bank records and documents.
Get an attorney. Probate litigation and forcible accountings are technical. An attorney can draft demand letters, file petitions, obtain emergency relief, and represent you at hearings.

Timing and practicality

Some actions are urgent: if assets are at risk of being moved or dissipated, raise the issue with the Register of Wills and seek immediate court relief. Other steps, like filing for an accounting or removal, follow formal probate procedures and take time. Keep careful records of all communications and any receipts, bank statements, or other evidence you obtain.

Common documents you should request

Death certificate and decedent’s will (if any)
Letters testamentary or letters of administration (proof of authority)
Initial inventory of estate assets and any appraisals
Bank statements, brokerage statements, and account ledgers for estate accounts
Copies of all estate court filings and accountings
Deeds and titles for real property and vehicles
Income tax returns for the decedent and any estate tax filings
Receipts for major expenditures and distributions

How to draft a short demand (example language)

Use a short, firm, written demand that lists the documents you want, cites your status as a beneficiary or heir, and sets a reasonable deadline (for example, 10–14 days) to produce the records before you pursue court action. Keep the tone professional and factual.

When to involve law enforcement

If you have evidence that the administrator converted assets for personal use, forged documents, or committed fraud, contact a Delaware probate attorney to evaluate whether a criminal referral is appropriate. Do not assume all delays are criminal—many are administrative or involve disputes about valuation or creditor claims.

Where to find more information in Delaware

Delaware Code, Title 12 (Decedents’ Estates and Fiduciaries): https://delcode.delaware.gov/title12/
Delaware Courts — Register of Wills information and probate forms: https://courts.delaware.gov/RegisterOfWills/
Delaware Courts general site (for filing procedures and contacts): https://courts.delaware.gov/

Helpful hints

Always make written requests and keep copies. Paper trails matter in probate disputes.
Be specific in your document requests (dates, account types, property descriptions). Vague requests are easy to ignore.
Contact the Register of Wills early to confirm whether probate proceedings are open and when hearings are scheduled.
Act quickly if assets are being moved—ask the court for emergency relief to freeze accounts or property.
If the administrator is the only person with access to accounts, consider asking the court to require bonding or to appoint a neutral co-administrator while the dispute is resolved.
Consider mediation for disputes over valuations or distributions—courts often favor settlement to reduce costs and delay.
Keep emotion out of communications. Clear, factual requests and legal steps achieve the best results.

If you want, provide a short summary of your situation (no personal identifying information) and I can list the most likely next steps specific to that scenario.