Detailed answer — practical steps and legal remedies in Mississippi

When a will leaves you a cash bequest, the person named as personal representative (often called the executor) has a legal duty to collect estate assets, pay valid debts and expenses, account for administration, and distribute assets to beneficiaries. If the personal representative is uncooperative, you have several steps and remedies available in Mississippi probate court.

1. Confirm the bequest and the estate’s status

• Get a copy of the will. If you cannot obtain it, contact the clerk of the county probate court where your sibling lived and ask whether the will has been filed for probate.
• Confirm whether the personal representative has been appointed and has obtained letters testamentary (or letters of administration). The probate clerk can confirm appointment and provide copies of records.
• Determine whether the estate is in active probate, whether an inventory or accounting has been filed, and whether creditors’ claims are still being handled. Distribution often waits until creditor claims and taxes are resolved.

2. Make a written demand

Send the personal representative a clear, dated written demand that explains you are a named beneficiary, describes the bequest, and requests a status update, copies of the inventory/accounting, and a timetable for distribution. Send the letter by certified mail and keep copies and proof of delivery. A formal written demand is often required before a court will take certain actions and it documents your attempt to resolve the matter without litigation.

3. Request an accounting from the personal representative

Mississippi probate law requires the personal representative to keep clear records and to account for estate administration. If the executor refuses to provide an accounting or disclosures, you can petition the probate court for an accounting. Ask the probate clerk about local procedures for filing a petition or motion to compel an accounting.

4. File a petition in probate court to compel action or distribution

If correspondence and demands fail, you can ask the probate court to order the personal representative to perform duties. Common petitions include:

• Motion to compel an accounting or records.
• Motion to compel distribution of the bequest (if assets are ready for distribution).
• Petition to surcharge or remove the personal representative for misconduct, failure to act, or breach of fiduciary duty if misconduct or neglect exists.

5. Seek removal or surcharge for misconduct

If the refusal to cooperate results from misconduct, self-dealing, neglect, or gross incompetence, you may ask the court to remove the personal representative and appoint a successor. The court can also order monetary relief (a surcharge) to compensate beneficiaries for losses caused by misconduct. To succeed you will typically need evidence—bank records, communications, or an accounting showing mismanagement.

6. Use contempt or enforcement remedies if the court orders action

After a court order, if the personal representative still does not comply, you can ask the court to hold the personal representative in contempt or take other enforcement steps. Courts have tools to enforce orders, including fines and replacement of the personal representative.

7. Consider small-estate or simplified procedures (if applicable)

In some cases where the estate is small and statutes permit simplified claims, beneficiaries can use short-form procedures to collect specific bequests. Whether these apply depends on the value and type of assets. Contact the probate clerk or an attorney to learn whether simplified procedures apply to your situation.

8. When to hire a Mississippi probate attorney

If the executor refuses to cooperate, or if you suspect mismanagement, hire an attorney experienced in Mississippi probate. An attorney can:

• Advise whether your situation calls for a petition to compel accounting, removal, surcharge, or contempt.
• Prepare and file pleadings in the correct county probate court.
• Collect and present evidence and handle hearings.

Key legal framework and where to look

Probate and administration rules in Mississippi are in the Mississippi Code governing wills and administration. For general statutes and text, consult the Mississippi Legislature website: https://www.legislature.ms.gov/. For local probate forms, rules, and clerk contact information, use the Mississippi courts website: https://courts.ms.gov/.

Timing note: Probate can take months or longer depending on estate complexity and creditor claims. Courts will not usually order distribution until valid debts and taxes are resolved unless sufficient cash exists to make distributions.

Evidence and documents to gather now

• Copy of the will.
• Death certificate for your sibling.
• All correspondence with the personal representative (emails, texts, letters).
• Any notices or filings from the probate court (letters testamentary, inventories, accountings).
• Bank statements or documentation showing the estate holds cash or where it was deposited (if known).
• Your identification and proof of your status as a beneficiary (copy of the relevant will pages that name you).

What you should not do

• Do not attempt to seize estate property yourself. Only the court or an authorized representative may legally do that.
• Do not ignore creditor notices. If you are a beneficiary, understand that valid debts have priority over distributions.
• Avoid escalating to confrontation; document everything and use the court when necessary.

Helpful hints — practical tips to speed recovery

• Keep a single file (physical or digital) with all probate documents, letters, timestamps, and receipts. Judges rely on documentation.
• Send formal requests by certified mail and keep delivery receipts.
• Talk first to the probate court clerk to learn local procedures and required forms for petitions, accountings, and hearings.
• If the estate has a probate attorney, consider sending a demand to the attorney as well; attorneys often resolve matters quicker to avoid litigation.
• Ask other beneficiaries if they are having the same problem. A joint petition from multiple beneficiaries can carry more weight and share costs.
• If you cannot afford a lawyer, ask the court about limited-scope representation or legal aid resources in Mississippi. The courts page (https://courts.ms.gov/) can point to local resources.
• Be patient but persistent. Probate timelines vary; a well-documented, legally grounded petition often produces results more quickly than prolonged informal negotiation.