Detailed Answer: Recovering a Cash Bequest from a Sibling’s Estate in Ohio

This FAQ-style guide explains practical steps you can take if you are named in a will as a beneficiary of a cash bequest but the executor (personal representative) is not cooperating. It assumes the will has been or will be probated in Ohio and that you are an interested person (a beneficiary or potential beneficiary). This is general information only — not legal advice.

Key legal background (Ohio)

In Ohio, the probate court supervises the administration of estates. The person named as executor (often called the personal representative) has fiduciary duties to collect assets, pay valid debts and taxes, and distribute the remaining estate to beneficiaries according to the will. The Ohio Revised Code contains the statutes governing wills, probate administration, and actions involving fiduciaries. Relevant chapters include the Ohio Revised Code, Chapter 2107 (Wills), Chapter 2113 (Descent and Distribution), and Chapter 2117 (Actions by and Against Fiduciaries):

• Ohio Rev. Code Chapter 2107 — Wills
• Ohio Rev. Code Chapter 2113 — Descent and Distribution
• Ohio Rev. Code Chapter 2117 — Actions by and Against Fiduciaries

These chapters explain the probate court’s role and the remedies available if a personal representative fails to perform required duties. For forms and local procedures, contact the probate court in the county where your sibling lived.

Practical step-by-step plan

1. Confirm the will, appointment, and your status

• Check the probate court docket where your sibling lived to confirm the will has been filed and that the executor has been appointed. Most county probate courts keep public records and can provide a copy of the will and the Letters Testamentary or Letters of Authority.
• Confirm you are a named beneficiary or otherwise an interested person (someone who would inherit if there were no will).

2. Gather documentation

• Copy of the will (filed in probate).
• Copy of Letters Testamentary or other court appointment paperwork.
• Any communications you received (emails, texts, letters) about the bequest.
• Proof of your identity and relationship to the decedent (if requested).

3. Make a clear written demand

• Send a polite but firm written demand to the executor by certified mail (or other trackable method). State that you are a beneficiary named in the will and describe the bequest (amount or property). Ask for a date by which you expect payment or an explanation (usually 10–14 days).
• Keep copies of the letter and delivery receipts.

4. Request basic estate information from the probate court

• Ask the probate clerk how to obtain the estate inventory, status of administration, or whether the executor has filed required inventories and accountings. The court can tell you whether the executor has filed an inventory, filed for extensions, or asked permission to sell assets.

5. Ask the court to require an accounting or to compel action

• If the executor ignores you, file a written request or motion with the probate court asking the court to order the executor to provide an accounting, to show cause why the executor has not followed the will, or to set a hearing. Probate courts have authority to supervise personal representatives and to require them to act.
• Common court remedies include orders compelling an accounting, orders directing distribution, and contempt citations if the executor willfully disobeys a court order.

6. Consider removal or surcharge for misconduct

• If the executor breaches fiduciary duties (misappropriation of assets, failure to file required paperwork, gross neglect), you can ask the court to remove the executor and appoint a successor. You can also seek a surcharge (financial penalty) to recover losses caused by mismanagement.
• Evidence of misconduct (missing money, self-dealing, failure to pay estate debts in proper order) supports these actions.

7. Use settlement or mediation where appropriate

• If the conflict is partly due to misunderstanding or cash-flow timing, mediation or a negotiated settlement may get you paid faster and avoid costly litigation.

8. Hire a probate attorney if needed

• Probate litigation can be procedure-heavy. A probate attorney can draft effective motions, communicate with the executor, represent you at hearings, and help pursue removal, surcharge, or contempt.

What you can expect from the probate court

The probate court enforces fiduciary duties and supervises the administration. Typical steps the court can order include:

• Production of inventory and accountings
• Scheduling a hearing to resolve beneficiary disputes
• Ordering distribution of specific bequests once debts and taxes are properly paid
• Removing or replacing an executor for cause
• Imposing sanctions or ordering restitution if the executor misused estate assets

When an executor claims the estate lacks cash

If the estate lacks cash to pay a specific monetary bequest, the executor must follow the priority rules for paying debts and distributions. If assets must be liquidated, the executor should explain the plan and timetable. If you suspect the executor is delaying to avoid payment, document communications and press the court to require an accounting or to approve a sale/loan to fund distributions.

Practical templates and checklist

Sample short written demand (content only)

State who you are, cite the will provision (quote it if possible), state the amount, request payment by a specific date (10–14 days), and say you will seek court assistance if you do not receive a response.

Documents to collect

• Death certificate
• Copy of the will as filed
• Letters Testamentary or other appointment papers
• Correspondence with the executor
• Evidence of the bequest (page/paragraph in will)

Timing and costs

Act promptly. Probate timelines and claimant rights can change as the administration proceeds. Court filings and attorney fees can increase the cost of recovery; however, if an executor breaches duties, the court may order the executor or estate to pay costs and attorneys’ fees in some circumstances.

Helpful Hints

• Begin by checking the probate court record — it often answers many questions.
• Always make written requests and keep proof of delivery.
• Be specific: cite the will and the exact bequest amount or clause.
• Ask the probate clerk how to request an accounting or a hearing — clerks can explain procedures and forms for your county.
• Document every communication with the executor and any suspicious conduct.
• Consider a limited scope engagement with a probate attorney if you only need help drafting a motion or demand letter.
• Consider mediation if the executor is responsive to negotiation — it is often faster and cheaper than litigation.
• Don’t assume delay equals bad faith — probate takes time; but unexplained refusal to provide basic estate accounting is a red flag.

Where to get county-specific help

Contact the county probate court where your sibling lived. The clerk can tell you the docket number, provide copies of filings, and explain local procedures and filing fees.

Ohio Revised Code chapters useful for learning more: 2107 — Wills, 2113 — Descent and Distribution, and 2117 — Actions by and Against Fiduciaries.