Detailed answer — practical steps under Oregon law

If your sibling’s will leaves you a cash bequest but the personal representative (executor) will not pay you, you have several possible paths under Oregon law. The right path depends on whether the estate is open in probate, whether the personal representative has been appointed, and how much cooperation (if any) you can get.

1) Confirm the estate and your entitlement

• Check whether the will has been filed with the probate court in the county where your sibling lived. If someone opened probate, there should be a court file and an appointed personal representative. County court records are public; you can search online or call the county clerk.
• Get a copy of the will and any codicils. The will controls the distribution. Confirm the exact language of your cash bequest (specific dollar amount vs. a percentage vs. contingent language).

2) Ask the personal representative for payment and an accounting

• Send a clear written demand to the personal representative asking for the cash bequest and a written accounting of estate assets, liabilities, and distributions. Include a date by which you expect a response (commonly 10–14 days).
• Keep copies of all communications. If you contact the personal representative by phone, follow up with an email or letter summarizing the conversation so you have a record.

3) Understand the personal representative’s duties

Under Oregon probate law the personal representative has a fiduciary duty to marshal assets, pay valid claims and taxes, and distribute the estate according to the will and court orders. If the representative improperly withholds distributions, fails to provide an accounting, or mismanages assets, a beneficiary may seek court relief.

For general statutory guidance about estate administration duties and probate procedure see ORS chapter 113: Oregon Revised Statutes, Chapter 113 (Administration of Estates).

4) If the personal representative refuses to cooperate: file a petition in probate court

If informal requests fail, you can ask the probate court to intervene. Common petitions and court remedies include:

• Petition for an order compelling distribution or accounting: Ask the court to require the personal representative to file formal accountings and distribute the bequest if appropriate.
• Petition for instructions: If the personal representative claims uncertainty about paying you (for example, because of possible creditors or taxes), ask the court to clarify the representative’s duties and authorize payment.
• Petition for removal or surcharge: If the representative breaches fiduciary duties (misappropriation, gross negligence, self-dealing), you can ask the court to remove the representative and/or surcharge them (order them to reimburse the estate for losses).
• Citation to show cause: The court can require the personal representative to appear and explain the conduct or failure to act.

The probate court has the power to order accountings, require distribution of assets, remove representatives, and award costs and attorney fees when appropriate. You (as a beneficiary) have standing to file these petitions.

5) Consider small-estate, creditor, or independent-administration alternatives

• If the estate is small or your bequest is a small amount, Oregon law may allow simplified procedures (such as a small-estate affidavit) that let you collect without formal court litigation. Whether this is available depends on the estate’s size and the type of property; check county court rules or consult an attorney.
• If the estate is being administered informally and the personal representative is ignoring duties, an informal probate beneficiary can still petition the court for an accounting or other relief.

6) Timing and deadlines

• Act promptly. Beneficiaries should not wait—delays can allow claims and distributions to be completed and make recovery harder.
• There are timelines for creditor claims and for certain probate steps; missing deadlines can affect available remedies. If a creditor claim is outstanding, the representative may lawfully hold distributions until the claims period ends.

7) Gather evidence and prepare supporting documents

When you file court papers, include clear evidence: the will, proof of your relationship and entitlement, copies of communications with the personal representative, any bank or asset records showing withheld funds, and a proposed form of the relief you want (e.g., an order requiring distribution).

8) Consider settlement and mediation

Court can be slow and expensive. Sometimes a letter from an attorney or proposing mediation persuades the personal representative to cooperate. Courts sometimes require or encourage mediation for probate disputes.

9) Get an attorney if the case is contested or large

If the estate is complex, asset values are large, or the representative’s conduct suggests malpractice or theft, retain an estate litigation attorney licensed in Oregon. An attorney can draft petitions, represent you in hearings, and pursue remedies such as removal, surcharge, or a personal money judgment against a rogue representative.

Helpful hints — practical tips to speed recovery

• Start with a polite but firm written demand that asks for payment, a full accounting, and a deadline. That letter is often enough.
• Always keep originals and copies of wills, probate pleadings, letters, and correspondence. Photocopy or scan everything.
• Check the probate court docket online. Confirm who the personal representative is, the letters of appointment date, and any pending petitions.
• If the representative claims the estate cannot distribute because of creditor claims or taxes, ask for written proof (notice of a tax lien, filed creditor claim, or court order).
• If you suspect the representative is stealing or hiding assets, preserve evidence and consult an attorney immediately. Consider asking the court for an immediate accounting and a temporary injunction to freeze assets.
• Be realistic about costs. For small bequests, court litigation may cost more than the bequest’s value. Small-estate procedures or negotiation may be better.
• Use the Oregon Judicial Department resources on probate for basic forms and how probate works: Oregon Courts — Probate.
• If you hire a lawyer, ask how fees will be handled. In some probate disputes, the court can order a noncomplying representative to pay a beneficiary’s attorney fees if the court finds misconduct.

When to hire an Oregon attorney

Hire an attorney if any of the following apply:

• The estate has substantial assets or complex property (real estate, businesses, retirement accounts).
• The personal representative refuses all communication, refuses to account, or appears to be misappropriating assets.
• You need the court to remove the representative, surcharge them, or obtain injunctive relief.

Ask prospective attorneys about their probate litigation experience, likely costs, and possible outcomes. Many attorneys offer an initial consultation to evaluate your claim.