How to recover a cash bequest from a sibling’s estate in West Virginia

Quick answer: If you are a named beneficiary and the executor (personal representative) is refusing to cooperate, you can request an accounting, demand distribution in writing, and, if necessary, ask the probate court to compel the executor to act, to remove the executor, or to surcharge the executor for losses. The probate process and remedies are governed by West Virginia law on decedents’ estates. This article explains practical steps, documents to gather, and typical court actions you can pursue.

Disclaimer

This is educational information only and is not legal advice. I am not a lawyer. For advice about your particular situation, consult a licensed West Virginia attorney.

Understanding the roles and basic legal framework

When someone dies, their will (if any) is presented to the probate authority for the county where they lived. The person named as executor (officially a “personal representative” in many states) has a fiduciary duty to collect assets, pay debts and taxes, and then distribute what remains to beneficiaries according to the will or state law. Those duties are enforceable by the probate court. West Virginia’s laws on decedents’ estates are in Chapter 44 of the West Virginia Code: W. Va. Code Chapter 44 (Decedents’ Estates).

Step-by-step: What you should do to recover a cash bequest

1. Confirm your status as a beneficiary and locate the will.
   • Obtain a certified copy of the will (if there is one) and the death certificate. If the will has already been filed in probate, it is a public record and you can request a copy from the probate office or county clerk.
   • If you aren’t named in the will but believe you are entitled under intestacy, you should confirm your legal status (an attorney can help).
2. Check the probate docket and filings.
   • Find out whether the estate has been opened in probate and whether the executor has filed an inventory or account. Contact the county probate office or clerk where the decedent resided. Many filings (petition to admit will, letters testamentary, inventories) are public records in the probate file.
3. Make a written demand for information and payment.
   • Send a firm, dated, written demand by certified mail (or other verifiable means) to the executor asking for: a copy of any inventory, an accounting of estate receipts and disbursements, and the timeline for distribution of your bequest.
   • Keep copies of all correspondence and proof of delivery.
4. Request an accounting from the executor.
   • A personal representative must account for estate assets and expenditures. If the executor refuses to provide an accounting voluntarily, you can ask the probate court to compel an accounting and review the executor’s actions.
   • See W. Va. Code Chapter 44 for rules governing probate filings and administration: https://code.wvlegislature.gov/44/.
5. File a petition in probate court if the executor continues to refuse.
   • Common petitions include a petition to compel an accounting, petition to compel distribution, petition to remove the personal representative for failure to perform duties, and petition to surcharge (financially charge) the personal representative for losses caused by misconduct or negligence.
   • The probate court can order the executor to produce records, distribute funds, appoint a temporary administrator, remove the executor, or enter other remedies.
6. Use contempt or turnover motions if the court orders action and the executor disobeys.
   • If the court enters an order and the executor fails to comply, you may ask the court to hold the executor in contempt, which can result in fines or other enforcement measures.
7. Consider a civil suit against the executor personally.
   • If the executor has misappropriated funds, committed fraud, or breached fiduciary duties, beneficiaries may have claims against the executor in their personal capacity. A civil action can seek money damages and removal as fiduciary.
8. Evaluate small-estate or summary procedures if the estate is modest.
   • West Virginia provides expedited procedures in some circumstances for smaller estates. If available and appropriate, these procedures can make it faster and cheaper to collect a bequest without a full contested probate. Check the county probate office and Chapter 44 for details.
9. Document everything and preserve evidence.
   • Keep copies of wills, correspondence, bank statements, accountings, proofs of death, and proof of your relationship. Good documentation strengthens any petition or lawsuit.
10. Talk to an attorney promptly.
    • A West Virginia probate attorney can file the proper petition, represent you at hearings, evaluate whether removal or surcharge is likely, and advise about deadlines (statutes of limitations) and strategy.

What remedies can the probate court grant?

• Order the executor to render an accounting and to distribute assets according to the will or law.
• Remove or replace the executor for cause (e.g., misconduct, conflict of interest, failure to perform duties).
• Surcharge the executor — require the executor to personally reimburse the estate for losses resulting from improper acts.
• Appoint a temporary administrator to protect the estate while disputes are resolved.
• Enforce court orders through contempt proceedings where available.

Practical timeline and expectations

How long it takes depends on the estate’s complexity and whether the executor cooperates. A cooperative estate administration can take months (for debts, taxes, and final accounting). Contested matters—motions to compel, removal, or surcharge—can take several months to a year or more. If there are allegations of theft or fraud, parallel criminal or civil actions may add time.

Helpful hints

• Begin by calmly requesting information in writing. Courts prefer that parties try to resolve disputes before filing motions.
• Keep meticulous records of all communications and financial documents.
• Request certified copies of the will and letters testamentary (proof the executor’s authority).
• Ask the probate clerk which local forms or procedures apply in your county.
• If money is being wasted or assets are at risk, ask the court for emergency relief (e.g., temporary restraining order or appointment of a special administrator).
• Consider mediation: many courts encourage settlement before trial and mediation can resolve disputes faster and cheaper than litigation.
• If you cannot afford an attorney, check for legal aid programs or local bar association referral services in West Virginia for low-cost or pro bono help.
• Act promptly. Waiting too long can make recovery harder and might affect any statute-of-limitations for a lawsuit against the executor.

Where to find West Virginia probate rules and resources

• West Virginia Code, Chapter 44 (Decedents’ Estates): https://code.wvlegislature.gov/44/
• West Virginia Judiciary homepage (information and links to county courts): https://www.courtswv.gov/
• Contact the probate or county clerk where the decedent lived for local filing procedures and forms.

When to get a lawyer

Talk to a West Virginia probate attorney if:

• The executor refuses to provide basic accounting information or refuses distribution without a valid legal reason.
• You suspect the executor has misused estate assets or engaged in fraud.
• The estate is large or has complicated assets (business interests, real property, tax issues).
• You want to petition the court for removal, surcharge, or other contested relief.

An attorney can prepare and file the appropriate petitions in the correct probate venue and represent you at hearings. If cost is a concern, ask about limited-scope representation (attorney handles a single motion or hearing) or fee-shifting possibilities if the executor’s conduct justifies it.

If you would like, I can outline a sample demand letter you could send to the executor and a checklist of documents to collect before you consult an attorney.