What to do if an executor refuses to pay your cash bequest in California

This FAQ-style guide explains practical steps you can take in California when a sibling named you as a beneficiary (a cash bequest) but the executor of their estate will not cooperate. It assumes you start with no legal knowledge. This is educational information only and not legal advice.

Detailed answer — step-by-step actions to recover your bequest

1. Confirm the basics.

   Locate a copy of the will and read the language describing your bequest. Make sure the will has been admitted to probate or that probate has been opened. If you do not have a copy, request one from the executor or the probate court clerk. The court file will show who the personal representative (executor) is and whether they were formally appointed.

2. Check whether the estate is in probate.

   Most wills must go through probate to pay debts and make distributions. You can search the probate case index at the county superior court where the decedent lived. The California Courts site explains probate basics and local procedures: California Courts — Probate Self-Help. If the estate has not been opened, you or another interested person can file a petition to probate the will.

3. Make a written demand for payment and accounting.

   Send the executor a polite but firm written demand that they provide (1) the status of probate, (2) the inventory and appraisal, (3) an accounting of estate receipts and disbursements, and (4) a timeline for distribution. Keep copies of everything you send and receive. If the executor ignores an informal request, a formal demand by certified mail or via an attorney increases pressure and documents your efforts.

4. Review mandatory estate documents.

   Under California probate practice, the executor must prepare certain reports (inventory and appraisal, and accountings when distributions are made). You are entitled to see the inventory and the accounting that shows liquids available to pay your bequest. You may request copies through the executor or the court file.

5. Consider alternatives to immediate litigation.

   Ask the executor for mediation or an informal meeting. Mediation can resolve accounting disputes, timing concerns, or claims that the estate lacks enough liquid assets. Many courts encourage alternative dispute resolution before full contested hearings.

6. File a petition in probate court to compel action.

   If the executor refuses to cooperate, you can ask the probate court to intervene. Common court petitions include:

   • Petition to compel the executor to file an accounting or to produce estate records;
   • Petition for an order requiring distribution of the estate property;
   • Petition to surcharge the executor (seek money from the executor personally) if they misused estate funds or breached their fiduciary duty;
   • Petition to remove the executor for misconduct or incapacity if warranted.

   The California Courts site provides information on common probate petitions and forms: https://www.courts.ca.gov/selfhelp-probate.htm. For statutory requirements and filing procedures, consult the California Probate Code available online: California Probate Code (Legislative Info).

7. Use small-estate procedures when they apply.

   California offers simplified procedures for small estates that permit quicker distribution without full probate in some circumstances. If the cash bequest falls within the amounts and conditions for a small estate procedure, you may be able to use that route to collect more quickly. See the Probate Code and local court resources to determine eligibility: Probate Code (search small estate provisions) and the California Courts self-help pages.

8. Prepare evidence and file the appropriate petition.

   If you file in court, be ready to provide: a copy of the will, proof of your beneficiary status, copies of your written demands, any communications showing the executor’s refusal or delay, and an accounting or inventory if available. The court will set a hearing where you can ask the judge to compel the executor to account and distribute estate funds, or to remove/surcharge the executor if misconduct is proven.

9. Understand possible outcomes and costs.

   The court may order the executor to pay your bequest, to reimburse the estate for losses caused by the executor’s misconduct, to pay attorney’s fees, or, in serious cases, to step down. Be aware that contested probate litigation takes time and can be costly. Compare likely recovery with anticipated costs before pursuing heavy litigation.

10. Hire a probate attorney if needed.

    Probate law is technical. An attorney who practices probate in California can advise whether your facts justify a petition to compel, removal, or surcharge, draft and file pleadings, and represent you at hearing. If cost is a concern, ask about limited-scope representation or whether fees can be charged to the estate (the court can sometimes award fees to a prevailing beneficiary).

Key legal resources and where to look in California

• California Courts — Probate self-help and forms: https://www.courts.ca.gov/selfhelp-probate.htm
• California Probate Code (text of statutes): https://leginfo.legislature.ca.gov/faces/codes.xhtml?lawCode=PROBATE
• Local county superior court probate division — search the court website where the decedent lived for filing rules, calendars, and local forms.

Common problems and practical advice

Executors sometimes delay because the estate lacks cash (liquid assets), because they are unfamiliar with the process, or because they fear creditor claims. An accounting will show whether cash exists to pay your bequest. If the estate lacks sufficient liquid assets, distributions may be delayed until assets are sold or until creditors are resolved.

Disclaimer

Not legal advice: This article explains general California probate concepts and practical steps. It does not create an attorney-client relationship and is not legal advice. Laws change and outcomes depend on the facts. For advice about your specific case, consult a California probate attorney or your local court.

Helpful Hints

• Get and keep copies: file-stamped probate pleadings, the will, death certificate, and any correspondence with the executor.
• Document everything: dates, times, phone calls and what was said. That record helps in court if you must file a petition.
• Ask the court clerk how to view or obtain the probate file if the executor refuses to share documents.
• Explore small-estate procedures before costly litigation if the bequest and estate size make that possible.
• Consider mediation to resolve disputes quickly and keep costs down.
• Weigh the estate’s likely ability to pay attorney fees: the court can sometimes order that the estate pay reasonable fees to a beneficiary who brings a successful petition.
• Act promptly: delays can complicate recovery and evidence collection. Even if you do not file immediately, preserve your documentation and communications.