Detailed answer — what to do and why (Arizona)

If your sibling’s will leaves you a cash bequest and the personal representative (commonly called the executor) is not cooperating, Arizona law gives beneficiaries several clear paths to enforce the will and get paid. The practical steps below assume the estate is already open in probate and that you are a named beneficiary under the will. If the estate has not been opened, you will need to start or request probate first.

1. Confirm the basics: appointment, will terms, and estate status

First, confirm that the person acting as executor is the court-appointed personal representative. Obtain the probate case number, a copy of the will, and a copy of the Letters Testamentary or Letters of Personal Representative from the probate court. You can get these from the county superior court where the decedent lived. The Arizona Probate Code (Title 14, Arizona Revised Statutes) governs these matters: A.R.S. Title 14.

2. Make a clear written demand

Send a written demand to the personal representative requesting payment of the bequest and asking for an accounting of the estate’s assets, liabilities, and distributions. Keep proof of delivery (certified mail or email with read receipt) and keep copies of all documents. A polite but firm written demand often moves things forward.

3. Ask for an accounting

Arizona personal representatives owe fiduciary duties to beneficiaries. They must manage estate property and should provide information about the estate’s receipts, disbursements, and remaining assets. If the personal representative refuses to provide an accounting, you can ask the probate court to order one. The Arizona courts’ probate self-help pages explain how probate administration works: Arizona Courts — Probate Self‑Help.

4. Determine whether the estate must pay now or later

Distributions may be delayed if the estate has pending creditor claims, taxes, or unresolved expenses. The personal representative must satisfy valid claims and expenses before making distributions unless the will directs otherwise. If a distribution is wrongfully withheld beyond what estate administration requires, the court can order payment.

5. File a petition in probate court if the PR won’t cooperate

If requests and demands do not work, file a petition (motion) with the probate court that appointed the personal representative. Typical remedies include:

• Motion to compel an accounting or disclosure of estate assets.
• Motion to compel distribution of the bequest once administration and claims resolution permit distribution.
• Petition to surcharge or hold the personal representative liable for losses caused by breach of duty (mismanagement, waste, or conversion).
• Petition to remove the personal representative for cause if they have breached duties or are otherwise unfit.

The court supervises administration and has authority under the Arizona Probate Code (Title 14) to enforce fiduciary duties. See general statute collection at A.R.S. Title 14. The county superior court’s probate division handles these petitions; see your local superior court for filing procedures and forms: Arizona Superior Courts.

6. Consider small-estate procedures or simplified collection

Arizona offers simplified procedures for very small estates that may let a beneficiary collect property without full probate administration. If the estate qualifies, you can use those procedures instead of a formal petition. Check the Arizona Courts’ forms and instructions for small estates: Probate Forms and Instructions.

7. Alternative dispute resolution and settlement

Mediation can resolve disputes faster and cheaper than a full contested hearing. Courts often encourage or require mediation in probate disputes. If the personal representative is willing to negotiate, a mediated settlement can result in faster payment.

8. Evidence you should gather

Collect these documents before filing any petition or talking to the court:

• Copy of the will and any codicils.
• Death certificate and probate case number (if available).
• Letters Testamentary or Letters of Personal Representative.
• All correspondence with the personal representative (letters, emails, text messages).
• Bank statements, estate inventories, accountings (if provided), and evidence of the estate’s assets and debts.
• Any evidence of mismanagement or diversion of estate funds, if applicable.

9. Timing, costs, and likely outcomes

Probate petitions take time. Expect weeks to months for court scheduling, and possibly longer for contested matters. Filing a petition can prompt the personal representative to comply. If the court finds a breach of duty, it can order payment, remove the personal representative, award damages (surcharge), and order attorney fees against the estate or the personal representative for misconduct.

10. When to consult an attorney

Consult an Arizona probate attorney if: (a) the personal representative refuses to account or distribute; (b) you suspect theft, conversion, or serious mismanagement; (c) the estate is complex or has substantial assets or claims; or (d) you need help drafting and filing court petitions. If you decide to sue a personal representative, an attorney can explain remedies, court procedures, likely costs, and timelines.

Helpful Hints

• Act quickly. Probate matters have procedural deadlines and waiting can reduce your options.
• Keep written records of every request you make to the personal representative.
• Ask the court clerk for the probate case number and public docket if you do not have it — many court records are public.
• Use certified mail or email with delivery/read receipts for important communications.
• Before filing a contested petition, try a firm written demand and offer to mediate. Courts may favor parties who attempt to resolve disputes without litigation.
• Collect as much documentary evidence as you can about the estate’s assets and any suspicious behavior by the personal representative.
• Review the Arizona Probate Code (Title 14) for governing rules: https://www.azleg.gov/arsDetail/?title=14.
• Use the Arizona Courts’ probate self-help resources for forms and filing instructions: https://www.azcourts.gov/selfhelp/Probate.