Florida: What to Do When a Proposed Administrator Withholds Estate Asset Information | Florida Probate

Overview

If a court-appointed or proposed personal representative (often called an “administrator”) is not sharing estate asset information or estate documents, you have several practical and legal tools under Florida law to get the records and protect your rights as an interested person. This article explains what steps to take, what the law requires in general, and how to involve the court if informal requests fail.

Detailed Answer

Who has a right to information?

Under Florida probate rules and the probate statutes (see Chapter 733, Florida Statutes), beneficiaries, heirs, and many creditors are considered “interested persons” in an estate. Interested persons generally have the right to know what assets exist, what claims exist against the estate, and how the personal representative is handling estate affairs.

What duties does a personal representative have?

A personal representative must identify and marshal estate assets, preserve estate property, and provide required filings and accountings to the court and to interested persons. The Florida probate statutes set out the framework for administration and the court’s powers to supervise representatives. For the general statutory framework, see Chapter 733, Florida Statutes: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html.

Practical first steps — what you should do immediately

Ask informally. Start with a polite, written request for the documents you need (see suggested list below). Use email or certified mail so you have a record.
Check the court file. Probate administration is a court process. Visit the county clerk of court where the probate was opened or use the clerk’s online docket search to review filings. Wills, petitions, orders, inventories, and accountings that the representative files will appear in the public court file.
Keep records. Save copies of all requests, responses, and any documents you obtain. These will help if you need to ask the court to intervene.

What to request — typical estate records and information

Copy of the will (if one exists) and any codicils.
Petition for administration and letters of administration/letters testamentary.
Inventory of assets and proposed or filed inventory documents.
Interim and final accountings (financial statements showing receipts, disbursements, and distributions).
Bank and brokerage statements, deeds, titles, and vehicle titles showing estate assets.
Tax returns filed for the deceased and any estate tax filings.
List of creditors and copies of claims filed.

When informal requests fail — court remedies

If the proposed or appointed representative refuses to provide documents or to file required information with the court, you can ask the probate court to compel production or take stronger actions. Common remedies include:

Motion or petition to compel production or for inspection. Ask the court to order the personal representative to produce records, file a required inventory, or provide accountings.
Demand for formal accountings. You can ask the court to require interim or final accountings and to review them for completeness and accuracy.
Petition for surcharge or damages. If the representative mismanaged assets or caused loss by failing to act, the court can charge the representative personally for losses.
Petition for removal. If the representative refuses to perform duties or engages in mismanagement, you may petition the court to remove and replace that representative.
Temporary injunctive relief or turnover. If assets are at risk of being dissipated, you can seek emergency orders to freeze or recover assets pending a full hearing.
Discovery tools and subpoenas. The court can authorize depositions, subpoenas for bank records and third-party documentation, and other discovery to force disclosure.

All of these remedies are typically obtained by filing petitions or motions in the probate case in the county where administration is pending. The probate judge has broad authority to supervise administration, require accountings, and sanction or remove a representative who fails to follow his or her duties. See Chapter 733, Florida Statutes, for the probate court’s powers and administration rules: Florida Statutes Chapter 733.

When the conduct may be criminal

If a representative is hiding assets for personal gain, stealing estate property, or committing fraud, those acts can be crimes (theft, embezzlement, or fraud). After getting legal advice, you can consider contacting law enforcement or the state attorney, in addition to pursuing civil court remedies.

When to hire an attorney

If your informal requests do not work, or if large assets are at stake or evidence may be destroyed, consult a probate attorney promptly. An attorney can prepare and file the proper petitions, obtain subpoenas, and represent you at hearings. If cost is a concern, many attorneys offer an initial consultation and can explain whether your situation justifies immediate court action.

Sample written demand (brief)

To: [Name of Proposed/Acting Personal Representative]
From: [Your name] – Interested Person
Re: Estate of [Deceased’s name] – request for documents

Please provide copies of the following documents and records for the estate: the will and codicils, petition for administration and letters, inventory of assets, any accountings filed or prepared, bank and brokerage statements for the estate, deeds/titles to real estate and vehicles, and a list of creditors and claims.  Please respond in writing within 14 days and provide an estimate of when the records will be available.

Thank you, [Your name and contact info]

Costs and recovery

If you obtain court relief, the court may award attorneys’ fees and costs against a representative who acted improperly. Florida law allows the court to make orders reallocating costs for improper conduct in administration.

Summary

Start by requesting records in writing and checking the public court file. If the proposed or appointed personal representative refuses to comply, you can ask the probate court to compel production, require accountings, seek removal, seek monetary recovery (surcharge), or pursue injunctive relief. If theft or fraud is suspected, law enforcement may also be involved. Chapter 733 of the Florida Statutes governs estate administration and provides the court the authority to enforce these duties: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html.

Helpful Hints

Always make written requests and keep proof of delivery (email receipts or certified mail return receipt).
Start by checking the probate docket at the county clerk’s office—many required documents appear there.
Be specific in your requests (dates, account types, and asset descriptions) to avoid excuses that requests were too vague.
If you get documents, compare asset lists to accountings and look for missing bank/investment accounts or unexplained transfers.
If the representative claims confidentiality, remember probate is a public process and most estate documents are accessible to interested persons and the public unless sealed by court order.
Preserve electronic evidence (screenshots, emails) if you suspect deletion or destruction of records.
Act quickly if you suspect asset dissipation—courts can issue emergency relief if assets are at risk.
When in doubt, consult a Florida probate attorney experienced in fiduciary disputes; the earlier you get advice, the more options you may have.