Detailed Answer
Short answer: If you are an intended beneficiary named in your sibling’s will and the executor is not cooperating, you can demand an accounting, file motions in the Connecticut Probate Court to compel distribution or an accounting, and, if necessary, seek removal or surcharge of the executor. Follow clear written demands first, then use the Probate Court’s formal procedures if those demands fail.
What this means in plain terms
When a person dies with a will, the executor (the person named in the will) has a legal duty to collect assets, pay debts and taxes, and distribute what remains according to the will. If the executor refuses to pay a cash bequest or won’t explain why the gift hasn’t been paid, you have several remedies in Connecticut. Start by gathering documents and making written demands. If the executor still won’t respond, bring the matter to the Probate Court that is handling the estate. The court can order the executor to provide an accounting, force distribution, and even remove or penalize the executor for misconduct or failure to perform.
Step-by-step actions to take
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Confirm your status and review the will and probate filings.
Ask the Probate Court for the will and the estate file if you don’t already have them. The file shows whether the will has been admitted to probate and whether the executor has filed an inventory or any accountings. Contact your local Connecticut Probate Court or view general probate information at the Connecticut Judicial Branch Probate Courts page: https://www.jud.ct.gov/probate/.
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Put your request in writing to the executor.
Write a concise, polite demand that: (a) identifies the will’s provision you rely on (cite the bequest), (b) asks for an explanation for any delay, (c) requests a date by which the cash will be paid, and (d) requests an informal accounting of estate funds relevant to your bequest. Keep a copy and send by certified mail or another trackable method.
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Request a formal accounting from the executor.
Beneficiaries have the right to see estate accountings so they can confirm assets and distributions. If the executor refuses informally, you can ask the Probate Court to order a formal accounting. The Probate Court handles disputes about accountings and distributions; see the court’s general guidance: https://www.jud.ct.gov/probate/.
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File a petition with the Probate Court.
If the executor ignores written demands, file a petition (sometimes called a “petition to compel accounting” or a “petition for order of distribution”) in the probate district where the will was probated. In the petition, describe the bequest, the executor’s refusal or delay, and the relief you want (payment, accounting, surcharge, removal). The court can schedule a hearing and order discovery or an accounting.
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Seek removal or surcharge if there is misconduct or breach of duty.
If the executor mismanages assets, wastes estate funds, refuses to perform duties, or otherwise breaches fiduciary duties, you can ask the court to remove the executor or to surcharge (financially penalize) the executor for losses caused by misconduct. The Probate Court has authority to discipline and replace fiduciaries when they fail to act in the estate’s or beneficiaries’ interests.
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Consider alternative options if the estate is small.
Some estates qualify for simplified procedures where the probate process completes faster and with less expense. If the estate is small and a formal probate estate is not required, collection of property may be quicker. Check with the Probate Court or an attorney about small-estate rules that might apply.
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Get an attorney if the executor resists or if the sums are large.
If the executor continues to refuse or if the matter involves complex assets, tax issues, or alleged misconduct, consult an attorney with Connecticut probate experience. An attorney can draft pleadings, handle hearings, and manage discovery. If you move forward without an attorney, Probate Court forms and staff can explain procedure but not provide legal advice.
What to gather before you act
- Copy of the will and any codicils.
- Probate court docket number or probate district where the will was filed.
- Copies of your written demand to the executor and any replies.
- Any communications that show the executor’s handling of estate funds (bank statements, receipts, invoices).
- Proof of your identity and your status as beneficiary (if requested).
Typical timeline and costs
Simple requests and informal accounting responses can take days to weeks. Formal probate petitions, court hearings, and contested litigation can take months and incur court costs and attorney fees. If the executor is removed or surcharged, recovery can include interest and costs. Weigh the amount of the bequest against expected legal costs before prolonged litigation.
When to escalate to the Probate Court vs. using alternative dispute resolution
If the executor is responsive but slow, mediation or settlement discussions may resolve delays faster and cheaper than court. If the executor refuses to cooperate, conceals assets, or you suspect wrongdoing, file in Probate Court promptly to protect estate assets and your rights.
Where to find official Connecticut resources
- Connecticut Judicial Branch — Probate Courts: https://www.jud.ct.gov/probate/
- Connecticut General Assembly — statutes and legislative materials: https://www.cga.ct.gov/
Helpful Hints
- Start with a calm, written demand before filing in court; many matters resolve quickly with a formal request.
- Keep copies of everything you send and receive; the Probate Court will want evidence of attempts to resolve the issue informally.
- Be specific in your petition: identify the will provision, the amount, and what the executor has (or has not) done.
- Request an accounting early. Beneficiaries’ right to information is a powerful tool to force compliance.
- Consider mediation if relationships matter and the executor engages in good faith.
- If you believe the executor dissipated assets or committed fraud, act quickly; delay can reduce your chances of recovery.
- Ask the Probate Court clerk about local forms and filing procedures; clerks can explain process but not give legal advice.
Disclaimer: This article explains general Connecticut probate concepts and practical steps to recover a cash bequest when an executor won’t cooperate. It is educational only and not legal advice. For legal decisions about a specific estate, consult a Connecticut probate attorney.