Signs an Executor Is Concealing Assets

Spotting Fraud in Ohio Probate

When someone passes away, the executor of their estate takes on a high-stakes responsibility—handling their final financial affairs with integrity, efficiency, and transparency. In Ohio, this fiduciary role is legally bound by strict duties, but not all executors live up to the task. Some act carelessly.

Others act selfishly. And in the worst cases, they conceal assets or commit outright fraud. If you’re a beneficiary who feels shut out or suspicious, knowing what to look for can make all the difference.

The Problem with No Communication

One of the earliest red flags is silence. Executors are required to notify beneficiaries of their rights and keep them updated throughout the probate process.

If you’ve heard nothing months after the decedent’s death, it’s time to raise your eyebrows—and maybe your voice. Beneficiaries should receive timely updates, know what’s in the estate, and feel included in the process. Silence, evasiveness, or excuses may suggest something is being hidden.

When Inventories Don’t Appear

Ohio law requires executors to file an inventory of all probate assets within 90 days of appointment. This isn’t just paperwork—it’s the backbone of estate transparency. When no inventory shows up or the executor fails to request an extension, it could mean they’re hiding something.

A missing or misleading inventory is often the first signal that an executor may be concealing assets from heirs or the court.

Bad Deals and Discount Sales

An executor’s duty is to preserve estate value—not give it away. If a property or valuable asset is sold far below market price, especially to someone with a personal connection to the executor, it’s a red flag. Undervaluing estate assets cheats beneficiaries and raises questions about kickbacks, conflicts of interest, or self-dealing.

Fair market value isn’t just a guideline—it’s a legal and ethical obligation.

When Probate Takes Too Long

Probate is rarely quick, but it shouldn’t feel endless.

In Ohio, the process is expected to move forward with reasonable speed. When deadlines pass, distributions stall, and the executor seems to be stalling, it’s time to question whether they’re being negligent—or deliberately evasive. Beneficiaries deserve progress and answers, not endless delays.

Estate Funds Are Not a Piggy Bank

Executors must keep estate funds separate and use them solely for estate-related expenses. When an executor starts dipping into the estate account to pay their own bills or grants themselves excessive “fees,” they cross a serious line. This isn’t a gray area—it’s fiduciary misconduct.

If you suspect estate funds are being misused, a probate attorney should be consulted immediately.

Letting the Roof Leak: Failing to Protect Estate Assets

An executor’s role isn’t just financial—it’s protective.

They must maintain insurance on property, pay taxes, and preserve the value of the estate. If they let insurance lapse or neglect valuable assets, they could be devaluing the estate, intentionally or not. That kind of neglect can result in real financial loss for beneficiaries—and legal trouble for the executor.

Playing Favorites or Holding Grudges

Sometimes executors withhold inheritance from specific beneficiaries out of spite, favoritism, or family drama. Whether it’s delaying one person’s distribution or prioritizing others unfairly, this behavior violates the executor’s obligation to act impartially. Personal feelings have no place in probate.

If favoritism rears its head, it’s time to get the court involved.

What Ohio Law Says—and What You Can Do

Ohio probate law isn’t just a guideline—it’s a playbook for fairness.

Executors must file inventories within 90 days, administer the estate efficiently, and always act in the estate’s best interest. When they don’t, beneficiaries have legal remedies. If you suspect fraud or concealment, you can petition the court to compel inventory or accounting, request the executor’s removal, or file a concealment action under Ohio Revised Code §2109.50.

What Counts—and What Doesn’t: Probate vs. Non-Probate Assets

Not everything goes through probate. Executors only manage probate assets, like real estate held solely by the decedent, personal property, and accounts without designated beneficiaries. On the other hand, joint accounts, life insurance with named beneficiaries, and trust-held property pass outside probate. That said, some executors falsely claim assets are non-probate to avoid listing them.

Understanding this distinction helps you know what should—and shouldn’t—appear on the inventory.

Suspect Foul Play? Here’s What to Do

Start by asking questions. Request copies of the inventory and accounting. If you’re met with excuses or silence, gather documentation that supports your concerns—such as account statements or records of missing items.

Then, speak with a probate litigation attorney. They can advise whether to send a demand letter, petition the court, or file for executor removal. In more serious cases, you may need to initiate a concealment of assets claim, which could result in financial penalties or asset recovery.

Stories from the Real World

Executor misconduct isn’t rare. In one Ohio case, a relative took a decedent’s truck and titled it in her own name. A concealment action brought the vehicle back to the estate. In another, an executor sold a home for far less than it was worth to a friend—then received a mysterious “gift.”

And sometimes, family members take heirlooms before an inventory is done, while the executor looks the other way. These aren’t just unethical—they’re often illegal.

Final Thoughts: Trust but Verify

Most executors take their role seriously. But when they don’t, Ohio law empowers beneficiaries to take action. If your gut says something’s wrong, follow up with questions—and be ready to seek legal help. The probate process exists to honor the wishes of the deceased. No executor has the right to derail it for personal gain. Stay alert, stay informed, and don’t hesitate to act if you suspect wrongdoing.

Do you need professional legal consel? Contact the experienced team of probate lawyers at HML Law to find out how we can help.