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Detailed Answer

When an executor refuses or fails to pay a cash bequest, you have clear procedural options under South Carolina probate practice. Follow these steps in order so you preserve rights and create a paper trail the court can use if you must escalate.

1. Confirm the bequest and the probate case.

   Obtain a certified copy of the will and the probate docket from the probate court in the county where your sibling lived. The will identifies the executor and the exact bequest language. The probate file shows whether the will has been submitted, the estate is open, and whether the executor has filed required documents. For South Carolina probate statutes and general rules, see the South Carolina Code, Title 62 (Probate): https://www.scstatehouse.gov/code/title62.php.

2. Document your status and demand payment in writing.

   Confirm you are an identified legatee (beneficiary) under the will. Send a formal written demand to the executor by certified mail (return receipt requested) and email if available. Include a copy of the page(s) of the will showing your bequest, a copy of your ID, and a clear statement of the amount you expect and why (for example, an outright $10,000 cash gift). Keep copies of every communication.

3. Ask the probate court clerk about required filings and timelines.

   Executors have duties to collect assets, pay valid debts and taxes, and distribute the remainder to beneficiaries. The court clerk can confirm whether the executor has filed an inventory, accountings, petitions for distribution, or other mandatory documents. The South Carolina court system provides county-level probate information and procedures; find local probate court contact info through the South Carolina Judicial Branch: https://www.sccourts.org/probate/.

4. Request an accounting from the executor (formally, if needed).

   If the executor has not provided an accounting or has not distributed funds, you can ask the probate court to order the executor to file an accounting. An accounting shows money coming in, money paid out (debts, taxes, expenses), and the balance available for distribution. If you believe the executor is withholding funds improperly, request the court compel the accounting.

5. If the executor refuses, file a petition in probate court.

   File a petition or motion in the probate court that is handling the estate asking the judge to: (a) order the executor to file an accounting, (b) order immediate distribution of the specific cash bequest if funds are available, and/or (c) hold the executor in contempt or surcharge the executor for losses caused by refusal to act. The probate judge has authority to require the executor to perform fiduciary duties or to remedy failures.

6. Consider a petition to remove or replace the executor.

   If the executor is acting in bad faith, mismanaging assets, or refusing to carry out the will, you can ask the court to remove and replace the executor. Removal is a serious step and courts require proof of misconduct, incapacity, conflict of interest, or persistent refusal to act. The court may appoint a successor personal representative or allow another qualified person to administer the estate.

7. Use civil remedies if necessary (surcharge, damages).

   South Carolina courts can surcharge fiduciaries (hold them financially responsible) for losses caused by improper conduct. You can seek compensation for damages caused by wrongful withholding or mismanagement if the probate remedies do not make you whole.

8. Consider negotiation, mediation, or hiring a probate attorney.

   Many disputes resolve faster with a demand letter from an attorney or by mediation. If the executor is uncooperative and the amounts justify it, hire a probate attorney experienced in South Carolina law to represent you in probate filings or civil actions. Acting promptly preserves your rights—statutory deadlines and evidentiary issues may apply.

Throughout, keep careful records: certified mail receipts, emails, dates you requested documents from the court or executor, bank statements showing available estate funds (if you can obtain them), and a chronological log of communications and actions.

Where to look in South Carolina law

South Carolina’s probate statutes and the court’s power over estate administration are in the South Carolina Code, Title 62 (Probate). The title covers fiduciary duties, required filings, and the court’s authority to handle breaches of duty and removal of fiduciaries: https://www.scstatehouse.gov/code/title62.php. For local court procedures and contact information, consult the South Carolina Judicial Branch probate pages: https://www.sccourts.org/probate/.

Helpful Hints

• Act quickly—preserve evidence and meet any probate deadlines. Delays can complicate recovery.
• Get copies of the death certificate, the will, any codicils, and the probate docket as your first step.
• Send all formal requests by certified mail and keep copies of everything.
• Ask the probate clerk whether the estate has enough liquid assets to pay the bequest after debts and taxes. Sometimes distributions wait until claims and taxes are resolved.
• Small estates may qualify for simplified procedures. Ask the probate court whether a streamlined distribution is possible for the amount you expect.
• If the executor claims there are no funds, request an accounting that lists all estate bank accounts and transactions.
• Be cautious before accepting partial payments or releases—get advice from an attorney to avoid unintentionally waiving claims.
• If the amount is substantial or the executor’s conduct looks wrongful, consult a South Carolina probate attorney early—their demand letter or court filing often resolves the issue without a prolonged fight.