Quick overview

If a sibling left you a cash bequest in their will but the appointed executor refuses to distribute it, Indiana law gives you several clear steps to pursue the money. This article explains what a bequest is, what an executor must do, practical steps you can take, and the court actions available if the executor won’t cooperate.

What is a bequest and who is an executor?

A bequest is a gift of money or property in a will. The executor (also called the personal representative) is the person the will or the court appoints to collect the estate’s assets, pay valid debts and taxes, and distribute what’s left to beneficiaries under the will. The executor has a legal duty to act in the estate’s and beneficiaries’ best interests.

Detailed answer — Step-by-step actions to recover your cash bequest under Indiana law

1. Confirm the will and the executor’s status.

   Obtain a copy of the will and confirm whether the estate has been opened in probate court. You can call the clerk of the probate court in the county where your sibling lived or where the estate was opened to confirm the case number and whether the executor has been formally appointed.

2. Gather documents and evidence.

   Collect the will, any written communications with the executor, proof of the bequest (the will language), your identification, and any evidence about estate assets (bank statements you can get, copies of notices, etc.). Keep a written log of dates and what the executor said.

3. Request distribution and an accounting in writing.

   Send a clear, polite written demand to the executor asking for either distribution of your bequest or a written accounting showing why distribution is delayed. Tell the executor you expect a response by a reasonable deadline (for example, 14 days). Keep a copy and send it by a trackable method (certified mail, email with read receipt).

4. Review probate filings and statutory duties.

   Check the probate case file for required filings such as inventories, accountings, notices, and petitions. Indiana’s probate law (Title 29 of the Indiana Code) sets out duties for personal representatives, including record keeping and providing information to beneficiaries. See Indiana Code, Title 29: Probate, Inheritance, and Fiduciaries: https://iga.in.gov/legislative/laws/ (navigate to Title 29).

5. Ask the probate court clerk for guidance on filing a beneficiary demand or motion.

   Clerks can explain filing procedures for motions and petitions in the specific county court. Many probate self-help resources are available through the Indiana courts website: https://www.in.gov/courts/self-help/probate/.

6. File a petition in probate court if the executor still refuses.

   You can ask the court to force the executor to act. Common petitions/requests include:

   • Motion or petition to compel distribution (ask the court to order distribution if assets are available).
   • Request for formal accounting or inventory (ask the court to require the executor to produce a written accounting of assets, receipts, disbursements, and beneficiaries’ shares).
   • Petition to surcharge the executor (seek monetary recovery from the executor personally if they breached fiduciary duties and caused loss to the estate or beneficiaries).
   • Petition for removal of the executor (ask the court to remove the executor for misconduct, conflict of interest, or failure to perform duties).

   The probate judge can hold hearings, order the executor to produce records, order distribution, impose sanctions, or remove the executor and appoint a successor.

7. Consider alternate claims if the will is unclear or assets are missing.

   If the estate lacks liquidity to pay the bequest because assets were wasted, mishandled, or converted, you can pursue claims against the executor for breach of fiduciary duty or conversion. The court can surcharge the executor and require reimbursement to beneficiaries.

8. Hire a probate attorney if needed.

   Probate litigation can involve complex filings, hearings, and strict deadlines. An attorney can draft the correct petitions, represent you at hearings, and evaluate whether the executor’s conduct justifies removal or surcharge. If cost is a concern, ask about limited scope representation or fee arrangements.

9. Enforce collection after a favorable court order.

   If the court orders distribution or awards a money judgment against the executor, you may need to use normal judgment-enforcement tools (garnishment, levy, liens) to collect. Your attorney or the court clerk can explain post-judgment procedures in Indiana.

Practical timeline expectations: Probate and court actions can take weeks to months. Simple matters where assets are clear and the executor cooperates often resolve faster. Disputes, requests to remove an executor, or claims of misconduct take longer and may require hearings and evidence.

Relevant Indiana legal provisions and resources:

• Indiana Code — Title 29 (Probate, Inheritance, and Fiduciaries): https://iga.in.gov/legislative/laws/ (select Title 29 for specific probate statutes)
• Indiana Courts — Probate self-help: https://www.in.gov/courts/self-help/probate/
• Contact the local probate court clerk’s office for case-specific filing information. Clerks can confirm appointments and filings but cannot give legal advice.

When to act now: If the executor refuses repeated reasonable requests, if you suspect assets are being hidden, or if the executor is ignoring court deadlines, file a petition promptly. Delays can make collection harder and may prejudice your rights.

Helpful hints

• Keep a paper and electronic file of all documents and communications related to the estate.
• Be polite but firm in written requests. Courts favor beneficiaries who try to resolve disputes reasonably before filing litigation.
• Ask for receipts and accountings in writing. A formal accounting identifies whether assets exist to pay bequests.
• Use the probate case number when communicating with the court or executor to avoid confusion.
• If cost is a concern, ask an attorney about limited-scope representation for a single filing (for example, preparing a petition to compel distribution).
• Remember that beneficiaries sometimes must wait until creditors are paid before distributions. Ask the executor for a timeline and proof of creditor payments.
• Document suspected misconduct (missing funds, unexplained transfers, failure to file required paperwork) and raise those issues in your petition to the court.