Beneficiaries who suspect a sibling executor is withholding a deceased parent’s assets may ask probate court for an accounting if probate is open. Tax returns and county or court records may offer clues, but rights and procedures depend on the estate plan.
If probate has opened, a beneficiary may ask the court to require an accounting and disclosure; most states also require the personal representative to file an asset inventory within a set period. A beneficiary or next of kin whose material interests could be affected may request the deceased person’s tax return with IRS Form 4506 or transcripts with Form 4506-T. Wage-and-income transcripts can list payers, such as banks reporting interest, brokerages reporting dividends and lenders reporting mortgage interest, offering leads to assets.
An executor appointed in probate generally has a fiduciary duty to gather, value and account for estate assets. A beneficiary can hire a lawyer to seek records through discovery; if the information suggests a breach, they may ask a court to remove the executor.
