Recovering a Cash Bequest When the Executor Won’t Cooperate — What to Do in Arkansas

Quick disclaimer: This article provides general information about Arkansas probate law and common steps beneficiaries take. It is not legal advice. Consult a licensed Arkansas attorney before taking action.

Detailed Answer: Step-by-step under Arkansas law

If you are a beneficiary named in your sibling’s will and the appointed executor refuses to deliver a cash bequest, Arkansas law gives you several tools to enforce the will through the probate court. Below is a practical, stepwise approach you can use to understand your options and preserve your claim.

1) Confirm the estate is in probate and your status as a beneficiary

– Check with the probate clerk in the county where the decedent lived to see whether a probate case has been opened and to obtain a copy of the will, the executor’s appointment (letters testamentary), the petition for probate, and any inventories or filings. The local circuit court handles probate matters in Arkansas.

– If a probate case is open, you are entitled to certain notices as a named beneficiary. If no probate case exists and the estate needs to be administered, you may need to open a probate proceeding or ask someone to do so.

2) Gather documentation and identify the bequest

– Obtain and keep copies of the will, death certificate, correspondence with the executor, the probate court file, and any inventory or accounting the executor filed.

– Identify whether your bequest is a specific cash bequest (a stated dollar amount) or a general/percentage gift. That distinction affects payment priority and how distributions are calculated.

3) Make a formal written demand to the executor

– Send a dated, signed letter by certified mail (or other trackable delivery) asking for payment of the bequest and requesting a written accounting of the estate’s assets and liabilities. Keep a copy and delivery receipt. This documents that you tried to resolve the matter without court action.

4) Review the executor’s filings in probate

– Executors normally file an inventory and may file accountings and distribution petitions. Review any inventory and accounting for sufficient cash on hand or assets that can be liquidated to pay your bequest. If the executor filed a final report or petition to distribute, you may have a limited time to object before the court approves distribution.

5) Ask the probate court to compel an accounting and turnover

– If the executor refuses to cooperate, you can file a petition in the probate court to compel the executor to:

file a formal accounting;
turn over funds payable to you;
be required to explain any delay or refusal.

The probate judge can order the executor to provide an accounting, distribute estate assets, or show cause why they should not be held responsible.

Relevant Arkansas statutes and probate practice are found in Arkansas’s statutes governing decedents’ estates (Title 28). For the probate code and related provisions, see Arkansas Code, Title 28 (Decedents’ Estates): https://www.arkleg.state.ar.us/ArkansasCode/Title/28.

6) Seek removal or surcharge if the executor breaches their duties

– An executor owes fiduciary duties: to preserve estate assets, follow the will, and act in beneficiaries’ best interests. If the executor misappropriates funds, wastes assets, or refuses to perform duties, you can petition the court to:

remove the executor;
appoint a successor personal representative;
order a surcharge (financial penalty) against the executor for losses caused by misconduct;
require restitution or turnover of estate property.

The court can also issue orders to protect the estate while the dispute proceeds.

7) Use contempt or garnishment remedies if the court orders payment

– If the court orders the executor to pay and the executor ignores the order, you can seek contempt sanctions or other enforcement (including garnishment of estate distributions or attachment of executor assets) through the circuit court’s enforcement powers.

8) Consider small-estate procedures or direct actions

– If the estate is small or the bequest is modest, Arkansas provides quicker summary or small-estate procedures that can speed payment to beneficiaries without prolonged administration. The availability and thresholds for summary procedures depend on the specific facts—ask the probate clerk or an attorney whether a simplified procedure applies.

9) Preserve evidence and act promptly

– Keep all communications and proof of your attempts to collect the bequest. Many probate actions have time limits for objections and appeals, so act quickly once you discover nonpayment or misconduct.

10) When to hire an attorney

– If the executor refuses to respond to a reasonable written demand or if the estate accounting raises questions (missing assets, unexplained expenses, alleged misappropriation), consult an Arkansas probate attorney. An attorney can file the necessary petitions, represent you at hearings, and help enforce court orders.

Common legal tools you (or your attorney) will use in Arkansas probate

Petition for accounting / petition to compel fiduciary duties
Petition for turnover of property
Petition for removal of personal representative and appointment of successor
Motion for contempt or enforcement of court orders
Summary/small-estate procedures when appropriate

Helpful Hints

Document everything: save the will, court filings, certified mail receipts, emails, bank statements you can access, and any communications with the executor.
Start with a calm, written demand. Courts prefer that parties try to resolve disputes before filing motions.
Check the probate docket frequently. Many matters (inventories, petitions) are public filings and will indicate whether distribution is imminent.
Watch deadlines. If an executor petitions for final distribution, you may have a limited window to object.
If you suspect theft or fraud, preserve evidence and notify law enforcement in addition to seeking civil remedies through probate court.
Small claims or simplified probate routes can save time and legal fees for modest bequests—ask the probate clerk whether a small-estate procedure applies.
Get legal help if assets are missing, the accounting is opaque, or the executor is hostile. A probate attorney can file the right petitions and ask the court for interim relief to protect your interest.
Know that probate judges have broad authority to supervise executors and can order accountings, replacements, sanctions, or restitution where appropriate.

Resources

Arkansas Code, Title 28 — Decedents’ Estates: https://www.arkleg.state.ar.us/ArkansasCode/Title/28
Arkansas Judiciary (circuit court/probate information and contacts): https://www.arcourts.gov/

If you want, tell me whether a probate case has been opened (county and case number if known) and what responses you have already received from the executor. I can then outline the specific filings and likely next steps you would request from the probate court.

Remember: this is informational only and not a substitute for legal advice from a licensed Arkansas attorney.