Detailed Answer

Short answer: If an executor (personal representative) refuses to pay a cash bequest in North Dakota, you first document the bequest and make a formal written demand. If that fails, you can ask the probate court to force the executor to act—by compelling an accounting, ordering distribution, or removing the executor for misconduct or neglect. In many cases a targeted court petition or a lawyer’s demand letter resolves the matter without a full trial.

How this works under North Dakota law

North Dakota administers wills and estates through the North Dakota Probate Code (the state’s probate statutes). The person appointed as the estate’s executor (often called the personal representative) has a duty to gather estate assets, pay valid debts and taxes, and distribute the estate property to beneficiaries according to the will. When an executor refuses or fails to make a required distribution, beneficiaries have several court-based remedies, including demanding an accounting, petitioning the court to compel distribution, and seeking removal or surcharge for misconduct. For the statutory framework, see the North Dakota Century Code and the state courts’ probate resources: North Dakota Century Code (Legislative Branch) and North Dakota Courts—Probate & Estate Administration.

Step-by-step actions to recover a cash bequest

1. Confirm you are a beneficiary and gather documents

• Get a copy of the will and any codicils. If you can’t get one from the executor, request it from the probate court file—wills are usually filed with the court and are public after admission.
• Obtain proof of your identity and relationship to the decedent.
• Collect any communications (emails, letters, texts) showing the executor’s refusal or delay.

2. Check the probate status

Confirm whether the estate is open and whether the executor already received letters testamentary (the court’s official authorization). You can look up or visit the local county probate court where the decedent lived. The court file will show petitions, inventories, accountings, and orders.

3. Send a formal written demand

Send the executor a written demand that identifies the will provision, states the amount of the bequest, and requests payment or an explanation and timetable. Keep proof of delivery (certified mail or similar). A clear written demand sometimes prompts the executor to act without court involvement.

4. Request an accounting from the executor

If the executor will not cooperate, beneficiaries can ask the probate court to require the executor to produce a formal accounting of estate receipts, expenses, and proposed distributions. The accounting shows whether the estate has sufficient assets to pay your bequest.

5. File a petition in probate court to compel payment or distribution

If the accounting shows funds are available and the executor still refuses, you may file a petition asking the court to order distribution. The court can direct the executor to pay valid bequests and can set deadlines.

6. Consider removing the executor or seeking surcharge

If the executor’s refusal rises to neglect, self-dealing, incompetence, or dishonesty, the court can remove the executor and appoint another representative. The court can also surcharge (financially charge) the executor for losses caused by misconduct. Courts generally prefer to protect estate creditors and beneficiaries, so removal or surcharge is reserved for serious problems.

7. Use small-estate procedures when applicable

North Dakota has simplified procedures for small estates. If the estate qualifies and you meet the requirements, you may be able to obtain a small-estate affidavit or other streamlined relief that speeds payment of small cash bequests without long probate proceedings. Check the probate rules or ask the court clerk whether the estate qualifies.

8. Consider mediation or settlement

Before or during litigation, you can propose mediation or settlement. Courts often encourage alternative dispute resolution to save time and money.

What to expect: timing, costs, and outcomes

• Timing: Simple demands can be resolved in weeks. Court petitions commonly take months, sometimes longer if the case is contested.
• Costs: Court filing fees and attorney fees vary. If the executor is removed or found at fault, the court may order the executor to pay some costs, but there is no guarantee.
• Outcome: Typical outcomes include payment of the bequest, a court-ordered accounting and schedule for distribution, removal of the executor, or a negotiated settlement.

How to prepare if you need to go to court

• Organize the will, court filings, all communications, and any evidence of the executor’s misconduct or delay.
• Prepare a timeline of events showing when the decedent died, when probate began, when you made demand, and any responses.
• Identify witnesses who can confirm communications or the executor’s actions.
• Be ready to state the exact relief you seek (payment of X dollars, an accounting, removal of the executor, etc.).

When to hire a probate attorney

Consider hiring an attorney if:

• The executor refuses repeated reasonable requests for payment.
• The estate contains enough assets to pay bequests but the executor is withholding funds.
• There are signs of self-dealing, theft, or mismanagement.
• You need to file court petitions and want to avoid procedural risks.

Practical example (hypothetical)

Imagine your sibling’s will leaves you a $10,000 cash bequest. The executor obtained letters testamentary but claims the estate has “no cash” despite listing a bank account in the inventory. You send a certified demand letter and ask the court clerk for the probate file. The inventory shows the bank account, and the executor still refuses. You then petition the probate court to compel an accounting and order distribution. The court orders the executor to produce bank statements and, after finding funds available, issues an order requiring payment of your bequest within 30 days. If the executor fails to comply, the court may remove the executor and appoint a replacement who will make the distribution.

Helpful Hints

• Act quickly but calmly: document everything and follow formal steps (written demand, certified mail).
• Keep copies of the will, court filings, and correspondence; these are your key evidence.
• Talk to the probate court clerk—clerks can explain procedure and show you the court docket and filings.
• Ask whether the estate qualifies for small-estate procedures if the estate seems small.
• If you hire an attorney, bring a clean timeline, your documents, and a concise summary of communications to save legal fees.
• Consider mediation to avoid the time and cost of litigation when possible.

Resources

• North Dakota Century Code (statutes) — see the probate and administration provisions for duties and remedies.
• North Dakota Courts—Probate & Estate Administration — procedural overviews, forms, and court contact information.

Disclaimer: This article explains general North Dakota probate concepts and practical steps for a beneficiary seeking to recover a cash bequest when an executor will not cooperate. It is not legal advice. Laws and court procedures change, and every case is different. For advice tailored to your situation, contact a licensed North Dakota probate attorney.