Recovering a Cash Bequest from an Uncooperative Executor — What to Do in Massachusetts

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general Massachusetts probate procedures and options. For specific legal advice about your situation, consult a Massachusetts probate attorney or the Probate and Family Court.

Detailed Answer

If a sibling’s will leaves you a cash bequest but the estate’s executor (personal representative) is refusing to cooperate, you have a clear set of options under Massachusetts probate practice. The goal is to confirm the bequest, obtain the executor’s accounting, and, if necessary, ask the Probate and Family Court to force the executor to act or to replace them.

Step 1 — Confirm the will, your status, and whether probate has opened

First, make sure the document naming you is the decedent’s valid will and that you are named as a beneficiary. Check whether the will has been admitted to probate and whether a personal representative has been appointed. You can check filings through the local Probate and Family Court where the decedent lived. The Probate and Family Court handles estate administration in Massachusetts; general information is available at the court’s site: Massachusetts Probate and Family Court. The governing statute for probate administration is Chapter 190B of the Massachusetts General Laws: M.G.L. c.190B.

Step 2 — Gather documents and evidence

Collect everything that proves your entitlement and the estate’s status: a copy of the will, the death certificate, any letters or emails from the executor, bank statements showing estate accounts (if you have access), and any probate case number or filings. Document every attempt you make to contact the executor (dates, times, content).

Step 3 — Ask the executor in writing for an accounting and distribution

Under Massachusetts probate practice, the personal representative owes duties to beneficiaries: to collect and preserve estate assets, to keep beneficiaries informed, and to distribute estate property according to the will and law (M.G.L. c.190B). Start with a clear, dated written request (email plus certified mail recommended) asking the executor to provide:

• A copy of the appointment or Letters Testamentary/Administration;
• An inventory of estate assets (if available);
• A statement of cash on hand, bank accounts, and liabilities;
• A proposed timeline for paying debts and distributing the cash bequest.

Keep records of delivery. A polite but firm demand sometimes gets results quickly.

Step 4 — Use informal resolution: mediation or negotiation

If the executor replies but stalls, suggest mediation or a meeting with all beneficiaries. Many courts and community dispute programs offer mediation that can resolve distribution disagreements without a lawsuit.

Step 5 — Ask the Probate Court to compel action

If the executor ignores or refuses reasonable requests, file a petition with the Probate and Family Court. Typical petitions beneficiaries use include:

• A petition for an accounting or for discovery from the personal representative;
• A petition for instructions or to compel distribution under the will;
• A petition to surcharge the personal representative (seek money damages) if there is mismanagement, self-dealing, waste, or bad-faith handling of estate funds;
• A petition to remove the personal representative for failure to perform duties, conflict of interest, or misconduct, and to appoint a replacement.

The Court can order the executor to produce records, render an account, distribute estate property, pay you the bequest, or remove the executor and appoint a successor. To start, visit your local Probate and Family Court clerk’s office or its website to learn filing procedures and required forms: Probate and Family Court. The court applies statutes and rules found in M.G.L. c.190B and local rules.

Step 6 — Remedies and enforcement

If the court finds the executor has violated duties, it can accept one or more remedies: order immediate distribution, require a full accounting, surcharge the executor to reimburse the estate, or remove the executor and appoint a successor. If the executor disobeys a court order, the court may hold the executor in contempt, which can lead to fines or other enforcement measures.

When a small-estate procedure might help

If the estate’s cash and overall assets are small and meet Massachusetts small estate criteria, there can be simplified procedures that allow faster access to funds. Check with the Probate Court clerk to learn if a simplified process applies.

Evidence you will likely need in court

Bring the will, proof of service or notice (if you received any), the death certificate, copies of your written demands, any bank or account records you can obtain, and a log of communications with the executor. The better your recordkeeping, the stronger your position.

Statutes and rules to review

Key references include Chapter 190B (Probate Code) for the duties and powers of personal representatives and the Probate and Family Court rules for procedure. The general probate code is here: M.G.L. c.190B. For court contact and filing rules: Massachusetts Probate and Family Court.

When to hire an attorney

Consider hiring a probate attorney if the executor refuses to cooperate after your written demand, if you suspect mismanagement, if large sums are at risk, or if the executor is a co-beneficiary and a conflict of interest exists. An attorney can file petitions, prepare an accounting challenge or surcharge claim, and represent you at hearings. If cost is a concern, ask about limited-scope representation or talk to legal aid programs for eligibility.

Helpful Hints

• Act promptly. Probate disputes take time; early documentation helps your claim.
• Keep everything in writing. Emails and certified mail receipts are strong proof of your efforts to resolve the matter.
• Be specific in written demands: state the exact amount you expect and cite the will. Include a reasonable deadline for response (e.g., 14–21 days).
• Check court records. Confirm whether the executor filed required documents and whether an inventory or account exists on file.
• Use the Probate Court clerk as a resource. Clerks can explain filing procedures and available forms, but they cannot give legal advice.
• If the estate is solvent but the executor is slow, asking the court for an interim distribution can sometimes get you your bequest sooner.
• If the executor is accused of stealing or criminal misconduct, contact law enforcement and inform the court; criminal prosecution is separate from probate remedies.
• If money is small, ask the clerk whether a small-estate procedure could speed things up.
• Consider mediation before litigation to save time and costs.

Recovering a cash bequest when an executor refuses to cooperate often begins with clear records and a written demand, and—if necessary—moves to a Probate Court petition asking a judge to compel an accounting, order distribution, or remove the executor. For help tailored to your facts, consult a Massachusetts probate attorney.