Detailed Answer — What to do when a personal representative refuses to pay a cash bequest in Nevada
When an executor (called a personal representative in Nevada) refuses or delays paying a lawful cash bequest to an intended beneficiary, you have several legal and practical steps you can take to recover the money. This article explains the common steps, how Nevada probate law frames the personal representative’s duties, and what remedies the probate court can order.
Overview of the legal framework
In Nevada, decedents’ estates and the duties of a personal representative are governed by the Nevada Revised Statutes (see Chapter on Decedents’ Estates). The personal representative has a fiduciary duty to marshal assets, pay valid debts and taxes, and distribute the remaining estate according to the will or Nevada intestacy law if there is no valid will. For statutes and more detail, see the Nevada Revised Statutes, Decedents’ Estates chapter: NRS Chapter 133 — Decedents’ Estates.
Step-by-step actions to recover a cash bequest
- Confirm the estate is in probate and your beneficiary status. Check the probate court file for the will, the appointment of the personal representative (often called “Letters Testamentary” or “Letters of Administration”), and any orders. You can obtain a copy of the probate case file from the county probate clerk where the decedent lived.
- Gather supporting documents. Collect a copy of the will showing the bequest, the death certificate, a copy of Letters Testamentary or Letters of Administration, any written communications with the personal representative, and proof of your identity and contact information.
- Make a written demand. Send a clear, dated written demand (keep proof of delivery) asking the personal representative to pay the cash bequest. State the amount, cite the clause of the will that creates the bequest, and request an accounting or explanation and a date by which you expect payment. A short, reasonable deadline (for example, 14–30 days) is common.
- Request an accounting and inventory from the estate. Nevada probate practice requires the personal representative to administer the estate openly and provide an accounting of assets, debts, receipts and distributions. If the personal representative refuses to provide an accounting or the inventory, ask the probate court to order one. The court can compel production of records through a petition.
- File a petition in probate court to compel action. If informal steps fail, file a petition in the probate court asking the judge to order the personal representative to perform obligations: provide an accounting, distribute the bequest, or explain legal reasons for delay. Typical remedies include an order compelling distribution, an order fixing a deadline, and an award of costs and fees in some cases.
- Seek surcharge, removal, or bond adjustments if there is mismanagement. If the personal representative has misapplied estate assets, refused to account, or otherwise breached fiduciary duties, you can ask the court to surcharge the personal representative (financially charge them for losses), remove them, and require or increase a fiduciary bond to protect the estate.
- Consider a separate civil action if necessary. In some cases, you may sue the personal representative personally for breach of fiduciary duty, conversion, or related claims. The probate court may retain jurisdiction over estate administration, so speak with an attorney about whether a probate petition or a separate lawsuit is the right route.
- Use alternative dispute resolution if appropriate. Mediation or settlement negotiations can resolve disputes faster and at lower cost than contested court hearings.
What to expect at court
When you petition the probate court, the judge can order the personal representative to provide the requested accounting, distribute the bequest if there is sufficient estate property, set schedules, impose surcharges or sanctions, and even remove the personal representative in cases of misconduct. The court’s authority comes from the probate statutes and rules. The process timeline varies depending on the county court’s schedule and the complexity of the estate.
When to hire an attorney
If the amount is significant, if the personal representative is uncooperative, or if you suspect mismanagement or fraud, consult a probate attorney licensed in Nevada. An attorney can draft effective petitions, represent you at hearings, and advise about costs, likely outcomes, and time limits. If the bequest is for a small amount, weigh the cost of legal fees against likely recovery; mediation or an attorney demand letter may be cost-effective first steps.
Important: act promptly. There are procedural deadlines and statutory limitations that may affect your rights.
Disclaimer: This information is educational only and is not legal advice. For advice about a particular situation, consult a licensed Nevada attorney.
Helpful Hints — Practical checklist and tips
- Keep written records of every communication with the personal representative. Dates, times, and copies of letters or emails help build your case.
- Get certified or official copies of probate filings (will, Letters Testamentary) from the probate clerk; these documents make clear the executor’s legal authority.
- Ask the probate clerk or court website about local forms and filing requirements before filing a petition; some courts have standard forms or self-help resources.
- When you send a demand letter, use certified mail or another traceable method so you have proof of receipt.
- If you suspect the personal representative is spending estate funds improperly, request a court-ordered accounting immediately and consider asking the court for interim protective orders (e.g., require the representative to post a bond).
- Be realistic about costs. Aggressive litigation can be expensive; sometimes a mediated settlement or a narrowly tailored petition to compel an accounting is the fastest way to recover a bequest.
- Ask whether the will waives bond. Some wills waive the fiduciary bond requirement; if there is no bond and you fear mismanagement, the court can often require one.
- If the estate lacks assets or debts are large, distribution may be delayed until creditors are paid. The personal representative must follow the statutory priority for paying debts first, then making distributions.
- Contact your county probate clerk or look for Nevada Court self-help resources for general procedural guidance: Nevada Courts.