What to do if the proposed administrator is withholding estate asset information in Georgia

Short answer: As a beneficiary or interested person in a Georgia probate case, you have the right to request and, if necessary, force the administrator (personal representative) to produce an inventory and accounting and to disclose estate documents. If the administrator refuses, you can ask the probate court to order disclosure, compel an accounting, freeze assets, or remove the administrator for misconduct.

Detailed answer — your rights and the steps to take under Georgia law

This explanation assumes you are a beneficiary, heir, creditor, or other interested person in a Georgia probate proceeding. It uses common facts: a proposed or appointed administrator is not sharing information about estate assets, bank accounts, appraisals, bills, or estate tax returns.

1. Who has a right to estate information?

In Georgia, beneficiaries, heirs, creditors, and other interested persons generally have the legal right to be informed about the estate’s assets and administration. The probate court supervises the administrator’s duties. See Title 53 (Wills, Trusts, and Administration) of the Official Code of Georgia Annotated for the laws governing estate administration. You can start by reviewing the governor site for Georgia law and the Georgia courts resources: Georgia General Assembly (legislation) and Georgia Courts.

2. What documents you can ask for

• Letters testamentary or letters of administration (proof of authority)
• Inventory of estate assets (real and personal property)
• Bank and brokerage account statements that show estate funds
• Appraisals and valuations
• Preliminary and periodic accountings filed with the court
• Receipts, bills paid, and records of distributions
• Estate tax returns and decedent’s final income tax returns

3. Informal first steps — request information in writing

Start with a clear, written request. Send a dated letter or email to the proposed administrator asking for the specific documents and records you want. Keep copies of your request and any replies. A polite but documented request often resolves simple misunderstandings or oversight.

4. If the administrator refuses — formal legal options

If the informal request fails, you have several enforceable remedies through the probate court:

1. File a petition for an accounting or production of records. Ask the probate court to order the administrator to file a formal inventory or accounting and to produce documents. This is a common remedy when fiduciaries are not cooperative.
2. Move to compel or for contempt. If the court orders production and the administrator still refuses, you can ask for contempt sanctions or other enforcement tools.
3. Seek removal or surcharge. If the administrator hides assets, wastes estate property, or breaches fiduciary duties, you can ask the court to remove the administrator and to surcharge (financially penalize) them for losses to the estate.
4. Request temporary relief to secure assets. If you believe the administrator is dissipating or hiding assets, you can ask the court for an order freezing accounts or requiring turnover while the matter is decided.

Georgia probate courts have authority to supervise administration and enforce fiduciary duties. For statutory guidance, see the Official Code of Georgia Annotated governing estate administration (Title 53). You can find the statutes through the Georgia General Assembly site: https://www.legis.ga.gov/. Search Title 53 (Wills, Trusts, and Administration), particularly the chapters on administration of estates and personal representatives.

5. Evidence you should gather before filing a court petition

• Copies of the decedent’s will (if any) and the death certificate
• Copies of your written requests and any responses from the administrator
• Any bank or asset records you already have access to
• Names of witnesses who can confirm the administrator’s misconduct or concealment
• Any notices you received from the probate court (docket number, judge, clerk contact)

6. Timelines and what to expect in court

Probate procedures involve filing a petition, serving the administrator, and a court hearing. The court may order production within a specific time (for example, 10–30 days). If the administrator fails to comply after a court order, the court can impose sanctions, including removal or contempt. Specific timelines vary by county and the judge’s docket. The probate clerk’s office can explain local practice.

7. Cost and practical tips

Filing petitions and court hearings involve court fees and potentially attorney fees. If the estate has limited assets, you can sometimes ask the court to shift reasonable attorney fees to the estate. Courts balance protecting the estate and conserving estate assets.

8. When to get an attorney

Consider hiring a probate attorney if the administrator continues to withhold information, if substantial assets are at risk, or if you want to seek removal or surcharge. An attorney can prepare the necessary petitions, gather evidence, and represent you at hearings. If you cannot afford a private lawyer, ask the court clerk about local legal aid or pro bono resources.

Helpful hints

• Put all requests in writing and keep copies. Courts prefer a documented trail.
• Be specific in your requests (e.g., “bank statements for XYZ Bank account ending in 1234 from date A to date B”).
• Check court records online or at the clerk’s office to see whether an inventory or accounting has already been filed.
• Ask the probate clerk about local forms for petitions to compel an accounting or to remove an administrator.
• Preserve evidence of possible asset dissipation (large withdrawals, sale of property, transfers to third parties).
• If you suspect fraud or theft, report it to local law enforcement in addition to filing a probate petition.
• Consider mediation if the dispute is largely about accounting disputes and the estate can afford the process.
• Keep your communications professional — aggressive or inflammatory messages can complicate the case.

Where to find Georgia statutes and court resources

Refer to the Official Code of Georgia Annotated (Title 53) for statutes on administration of estates. The Georgia General Assembly website and Georgia Courts website provide statutory texts and probate resources:

• Georgia General Assembly (statutes and code search)
• Georgia Courts (information on probate and court contacts)

Final practical checklist

1. Send a written records request to the proposed administrator and keep proof of delivery.
2. Check probate court filings to see what the administrator already filed (inventory, petitions).
3. Collect any evidence of hiding or dissipating assets.
4. If no response, file a petition in probate court asking for an accounting/production, or consult a probate attorney to do so.
5. If the court orders production and the administrator still refuses, seek contempt, removal, or other enforcement remedies.

Disclaimer: This article explains general Georgia probate principles and common remedies when an administrator withholds estate information. It is educational only and is not legal advice. If you need legal advice for your specific situation, consult a licensed Georgia probate attorney.