Recovering a Cash Bequest from an Uncooperative Executor in Missouri

This FAQ explains the practical steps a beneficiary should take in Missouri when an executor (personal representative) refuses or stalls on paying a cash bequest. It assumes you are a beneficiary under the decedent’s will and start with no legal background. This is educational information only and is not legal advice.

Quick answer

If the executor won’t cooperate, first confirm the will and the amount of the bequest, make a written demand, and ask the probate court for an accounting and an order directing distribution. If the executor still refuses, beneficiaries can ask the court to compel an accounting, surcharge the executor, remove the executor for cause, or hold the executor in contempt. Many of these remedies are handled in Missouri probate court under the statutes governing decedents’ estates and fiduciaries. See Missouri Revised Statutes, Chapters 473 and 474: RSMo Chapter 473, RSMo Chapter 474.

Detailed answer — step-by-step

1. Confirm the will, your status, and whether the estate is open

Obtain a copy of the will and the probate case file. If the will has been filed with the county probate court and letters of administration or letters testamentary were issued, the court file will show who the personal representative (executor) is and the case number. You can request this from the probate clerk in the county where the decedent lived. The probate statutes that govern the administration process are in RSMo Chapters 473–474: RSMo Ch. 474 (Decedents’ Estates) and RSMo Ch. 473 (Administration and Fiduciaries).

2. Review the will and the executor’s basic duties

Executors must marshal assets, notify creditors, prepare an inventory, pay valid debts and taxes, and distribute the remainder according to the will. If the will gives you a specific cash bequest, it is payable from the residuary funds after debts and expenses are paid. These duties and the probate process are described in the statutes and court rules cited above.

3. Make a formal written demand

Send the executor a polite but firm written demand for (a) a copy of the estate inventory and accountings, (b) a timeline for administration, and (c) payment of your bequest if the estate has assets available. Send this letter by certified mail (return receipt) and keep a copy. Often a clear written demand prompts action.

4. Request an accounting from the court or the executor

If the executor doesn’t respond or the response is inadequate, you can request a formal accounting. Missouri probate practice allows beneficiaries to demand that the personal representative file accounts with the probate court. The court can then review the accounting and order distributions if appropriate. Talk to the probate clerk about local practice for filing a motion or petition to compel an accounting. See RSMo Chapter 473–474 for general authority over fiduciary accounts: RSMo Ch. 473, RSMo Ch. 474.

5. Use the court’s enforcement tools

If the executor refuses to account or distribute funds, the court has remedies:

• File a petition to compel an accounting or to require the executor to show cause why they should not distribute the bequest.
• Ask the court to surcharge the executor (financially penalize the executor) for losses caused by misconduct, mismanagement, or wrongful refusal to distribute.
• Move to remove the executor for cause (e.g., failure to perform duties, dishonesty, gross mismanagement).
• Seek an order of contempt if the executor disobeys court orders.

The probate court’s authority over fiduciaries comes from the Missouri Revised Statutes and the court’s inherent powers; see the chapters linked above for statutory context: RSMo Ch. 473, RSMo Ch. 474.

6. Consider settlement, mediation, or negotiation

Litigation can be costly and slow. Offer to mediate or negotiate a distribution timeline, especially if the estate has liquidity. Mediation can be ordered by the court or agreed by the parties. Document any agreement in writing and obtain court approval if required.

7. If the estate is small, look for simplified procedures

Missouri has procedures for handling very small estates without full administration. If the estate qualifies, you may be able to use a simplified process to collect your bequest faster. Check with the probate clerk about small estate procedures and eligibility.

8. Preserve evidence and keep records

Keep copies of the will, correspondence with the executor, certified mail receipts, any accounting documents you receive, bank statements that show estate liquidity (if available), and the probate court file. These records are essential if you must ask the court to intervene.

9. Get legal help when appropriate

If the executor continues to refuse distribution or is mishandling estate funds, consult a probate attorney. An attorney can file the necessary petitions, represent you in court, and advise about recovering attorney’s fees where the court permits them against an executor for bad faith conduct.

What the court looks for

• Has the executor followed the statutory duties to inventory, collect assets, and pay valid claims?
• Is there enough estate liquidity to pay your cash bequest after debts and expenses?
• Has the executor provided reasonable accountings and disclosures to beneficiaries?
• Is there evidence of waste, self-dealing, or dishonesty by the executor?

Possible outcomes

• The court orders payment to you after a required accounting.
• The court surcharges the executor for losses and orders distribution.
• The executor is removed and replaced; a successor representative completes administration and distributes assets.
• You and the executor reach a negotiated settlement or mediation agreement approved by the court.

Helpful hints

• Start by contacting the probate clerk for the county where the decedent lived; the clerk can tell you if the estate is open and how to obtain case documents.
• Always make key requests in writing and keep copies and proof of delivery (certified mail or email receipts).
• Ask for a complete estate accounting showing receipts, expenditures, creditor payments, and proposed distributions.
• If the estate lacks cash, ask whether the executor intends to sell assets and how sale proceeds will be handled.
• Be realistic about timing. Probate administration can take months to more than a year depending on complexity.
• If you cannot afford a private attorney, look for local legal aid organizations or volunteer lawyer programs that handle probate disputes.
• Document any suspected misconduct carefully — dates, amounts, transactions, and communications — to support a court filing if needed.

Where to learn more and find help

Start with the probate clerk in the county of the decedent’s last residence and review the Missouri Revised Statutes regarding fiduciaries and decedents’ estates: RSMo Chapter 473 and RSMo Chapter 474. For complex disputes, consult a probate attorney for advice tailored to your situation.