Idaho — What to Do When a Proposed Administrator Withholds Estate Documents and Asset Information | Idaho Probate

Detailed Answer

This article explains practical steps you can take in Idaho when the proposed personal representative (often called an administrator or executor) refuses to share estate documents or information about assets. This is general, educational information only — it is not legal advice. For legal advice about your specific situation, consult a licensed Idaho attorney.

Who has a right to estate information?

In Idaho, beneficiaries, heirs, and certain interested persons generally have the right to information about the estate. Idaho law governing wills and administration of estates (Title 15) gives the court authority to supervise estate administration and to require personal representatives to account for and turn over estate assets. See Idaho Code, Title 15: https://legislature.idaho.gov/statutesrules/idstat/Title15/.

What the personal representative must do (summary)

The person acting as personal representative has fiduciary duties to gather estate assets, preserve them, provide notice to interested persons, prepare inventories and accountings, and distribute assets according to the will or Idaho intestacy rules. If the proposed administrator fails to perform these duties or hides information, beneficiaries can use court tools to compel disclosure, force an accounting, or seek removal.

Practical steps to take right away

Ask in writing. Send a clear written request (email plus certified letter if possible) asking for specific documents: the will, death certificate, inventory of assets, bank statements, property deeds, accountings, and any creditor claims. Keep copies and proof of delivery.
Request the inventory and accountings. Under Idaho probate practice, personal representatives should provide inventories and periodic or final accountings to the court and interested persons. If the administrator claims no obligation to share, remind them they owe duties to the estate and beneficiaries. Cite Title 15 generally and that the probate court oversees administration: https://legislature.idaho.gov/statutesrules/idstat/Title15/.
Contact the administrator’s attorney (if any). If an attorney represents the administrator, send your document request to that attorney. An attorney may be able to resolve the dispute without court filings.
Collect proof of your status and interest. Gather the decedent’s will (if you have a copy), your ID, proof of relationship (birth certificates, marriage certificates), and documentation showing you are a named beneficiary or heir. Courts usually require proof you are an interested person before ordering relief.
File a petition in probate court if informal steps fail. You can ask the probate court to compel the personal representative to produce an inventory and account, to produce specific estate records, or to appear and explain their actions. Typical petitions include a petition for an accounting, a petition to compel the delivery of estate property, or a petition to show cause.
Seek removal or surcharge for serious misconduct. If the administrator conceals assets, wastes estate property, or otherwise breaches fiduciary duties, you can ask the court to remove the administrator and/or to surcharge (financially penalize) them for losses to the estate. The probate court has the power to impose remedies under Title 15.
Consider temporary emergency relief. If assets are at immediate risk (for example, bank accounts being emptied or property about to be sold improperly), you may ask the court for a temporary restraining order, appointment of a special administrator, or other emergency relief.
Use alternative dispute resolution when appropriate. Mediation or settlement negotiations can be faster and less costly than contested litigation. Many courts encourage or order mediation for probate disputes.

How to file and what to expect in Idaho probate court

When you file a petition in Idaho probate court, you will need to:

Identify the estate and court case (if one is already opened).
State your relationship and why you are an interested person or beneficiary.
Describe the records or relief you seek (inventory, accounting, turnover, removal, etc.).
Attach supporting documents and evidence of your attempts to obtain the information informally.

The court may schedule a hearing, order the administrator to produce documents, appoint a guardian ad litem or special administrator, or order sanctions or removal if the administrator acted improperly.

Costs, timing, and realistic outcomes

Probate litigation can be time-consuming and involve filing fees and attorneys’ fees. If the administrator provides the requested documents after a written demand but before court, you may avoid significant costs. If the issue is contested, expect several months for hearings and resolution. The probate court’s remedies can include forced production of records, monetary damages against the administrator, and removal.

When to consult an attorney

Talk to an Idaho probate attorney if:

The administrator refuses to provide basic documents after a written demand.
There is reason to suspect asset concealment, theft, or mismanagement.
You need emergency relief to preserve estate assets.
The administrator is a foreign personal representative or there are complex assets (business interests, out-of-state property, etc.).

To find probate attorneys in Idaho, you can use the Idaho State Bar website: https://isb.idaho.gov/.

Sample short written request you can send

(Customize this for your facts and keep a copy.)

Dear [Administrator or Administrator’s Attorney],

I am a named beneficiary/interested person in the estate of [Decedent’s name]. Please provide copies of the decedent’s will, death certificate, the estate inventory, bank and investment account statements for the past 12 months, real property deeds, and any accountings filed with the probate court. If you do not have these documents, please state where and when you will provide them. Please respond within 10 calendar days.

Sincerely,

[Your name and contact information]

Key legal resources

Idaho Code, Title 15 (Wills and Administration of Estates): https://legislature.idaho.gov/statutesrules/idstat/Title15/
Idaho State Bar (lawyer referrals and resources): https://isb.idaho.gov/

Important disclaimer: This article provides general information about Idaho probate processes and is not legal advice. Laws and procedures change. For advice about a specific case, contact a licensed Idaho attorney.

Helpful Hints

Start with a written, dated request and keep proof of delivery (email receipts, certified mail return receipts).
Be specific in your document requests — list the exact records you want and the time period.
Save all communications. Courts look favorably on parties who document attempts to resolve disputes before filing litigation.
If the administrator has an attorney, direct your request to that attorney as well; attorneys often resolve disclosure disputes quickly.
Don’t delay if assets are at risk; emergency court relief can be available but is time-sensitive.
Consider a short phone consultation with a probate attorney to review your options before filing anything with the court.
Use the Idaho State Bar website to find local probate attorneys: https://isb.idaho.gov/.