Detailed Answer

Short answer: If the executor of your sibling’s estate in New Mexico is refusing to pay a cash bequest, you can (1) confirm the executor’s authority, (2) request an accounting and make a written demand, and if necessary (3) ask the probate court to compel an accounting, enforce the will, surcharge or remove the executor, or use small‑estate procedures when applicable. These steps use New Mexico probate law and the court’s supervision of estate administration.

1. Confirm basic facts

• Obtain a copy of the will (if any) and the probate case file. The probate court issues letters testamentary or letters of administration when someone is appointed executor/administrator.
• Confirm that the person you call “executor” holds official authority (letters testamentary). If the court has not appointed them, they have no authority to distribute estate property.

2. Understand what you are owed

• Check the will language to confirm the bequest (a specific cash amount versus a percentage or residue of the estate).
• Determine if the bequest is subject to creditors’ claims, debts, taxes, or expenses of administration. The executor must pay valid debts and costs before making distributions.

3. Make a formal demand for payment and an accounting

Start with a clear, written demand:

1. Send a certified letter to the executor asking for a copy of the probate filings, an itemized accounting, and payment of your bequest within a reasonable deadline (e.g., 14–30 days).
2. Keep copies of all correspondence and proof of delivery.

Under New Mexico probate practice, beneficiaries are entitled to information about administration and an accounting from the personal representative. If the executor won’t respond, the court can be asked to compel disclosure.

4. Ask the probate court to intervene

If the executor refuses to cooperate, file a petition in the probate court where the estate is open. Typical requests include:

• Petition to compel an accounting or production of estate records.
• Motion to compel distribution if the estate is ready to distribute and the executor unreasonably withholds funds.
• Petition to surcharge the executor (monetary liability) if the executor misappropriated, wasted, or failed to properly manage estate assets.
• Petition for removal of the executor for cause (misconduct, breach of fiduciary duty, incompetence, or failure to perform duties).

The court has broad power to supervise estate administration and to enforce fiduciary duties.

5. Consider small‑estate shortcuts (if the estate qualifies)

New Mexico provides simplified procedures for small estates that may allow payment without full probate administration. If the total estate value (after debts) falls below the statutory threshold, you may use a small‑estate affidavit or a simplified petition. Check the probate court or county clerk for thresholds and forms.

6. If misappropriation or theft is suspected

• Gather evidence (bank records, communications, receipts, probate filings).
• Discuss criminal versus civil remedies. If you have strong evidence of theft or fraud, notify the proper law‑enforcement agency; the probate court can also impose civil remedies including surcharge and removal.

7. Consider attorney help and costs

Probate litigation can be complex. An attorney can draft the petitions, gather proof, and represent you at hearings. In many probate matters, the court can award fees and costs to a prevailing party against an executor who has acted improperly, but outcomes vary. If funds are limited, ask an attorney about fee arrangements or whether fees can be paid from the estate.

Relevant New Mexico law and resources

New Mexico statutes governing probate and fiduciary duties are found in the New Mexico Probate Code (NMSA Chapter 45) and related rules. The New Mexico Legislature’s statutes and the New Mexico Courts web site explain procedures, forms, and local rules:

• New Mexico Statutes (Probate Code): https://www.nmlegis.gov/Legislation/Statutes (see Chapter 45 and related provisions on fiduciary duties and probate administration)
• New Mexico Courts: general information and probate resources: https://www.nmcourts.gov/

Because statutes and local court rules control procedure and deadlines, consult the probate court clerk or an attorney about the specific filings and forms required in your county.

Helpful Hints

• Document everything. Save the will, probate filings, letters testamentary, bank statements, and any communications with the executor.
• Start with a calm, written demand. Courts often respond faster once there is a formal record of a beneficiary’s request.
• Check whether the estate is actively open in probate. If no probate case exists, someone may need to open probate or use small‑estate procedures.
• Ask the probate clerk about local forms and timelines. Many counties publish templates for accountings and petitions.
• Be mindful of creditors’ claims and administration costs; distributions may be delayed while debts are resolved.
• If you suspect mismanagement, preserve financial records and act promptly. Delay can make recovery harder or allow assets to be dissipated.
• Consider mediation. Some probate disputes settle through mediation, which can be faster and less expensive than contested court hearings.
• Consult a probate attorney about costs. Ask whether fees can be paid from the estate, and whether the attorney will take the case on contingency in extreme circumstances.

Final notes and disclaimer

This article explains common steps beneficiaries in New Mexico take when an executor refuses to pay a cash bequest. It is educational only and does not constitute legal advice. Laws and procedures change, and outcomes depend on the specific facts. For advice tailored to your situation, consult a licensed New Mexico probate attorney or contact the probate court clerk in the county where the estate is being administered.