Detailed answer — Practical, step-by-step guidance under Kansas law

If you are a beneficiary named in a will and the personal representative (executor) is refusing to pay your cash legacy, you have several procedural tools under Kansas probate practice to force compliance. Below are the usual steps and legal options, explained for someone with no prior legal experience.

1. Confirm the basics

• Make sure the will has been admitted to probate and that the person acting has legal authority (they should have letters testamentary or letters of administration). Ask the court clerk or the executor for a copy of those letters.
• Verify you are actually named in the will and the exact nature and amount of the bequest.
• Find out whether the estate has available cash or liquid assets. An executor may delay distribution if the estate has unpaid bills, taxes, or claims.

2. Request information and a formal accounting

Kansas law gives beneficiaries the right to be informed about estate administration. Start with a polite, written request to the executor asking for:

• A copy of the probate court file and the letters testamentary (if you don’t already have them).
• An accounting or explanation showing estate assets, liabilities, receipts, and disbursements.

Send this by certified mail and keep copies. This creates a paper trail that can be used in court later.

3. Check whether legitimate reasons exist for delay

Common legitimate reasons an executor delays distributions include:

• Outstanding creditor claims or unpaid funeral expenses.
• Pending tax matters—federal or state estate tax or final income tax returns.
• Complex assets that must be sold or converted to cash.

If the executor shows documentation of these reasons, the delay may be valid. If not, you have stronger grounds to press the court for action.

4. Send a demand letter

If an initial information request is ignored or the accounting is inadequate, send a firm written demand that the executor either pay the bequest or provide a full accounting within a short, specific time (for example, 14–21 days). Keep proof of delivery.

5. Ask the probate court to intervene

If the executor still won’t cooperate, you can ask the probate court to act. Common court remedies in Kansas probate practice include:

• Petition to compel accounting or discovery: Request the court order the executor to file a formal account showing estate activity.
• Motion to compel distribution: If the accounting shows sufficient funds and no impediment, ask the court to order the executor to distribute your bequest.
• Petition for surcharge or removal: If the executor has mismanaged assets, wasted estate funds, or is acting in bad faith, ask the court to surcharge (hold the executor personally liable) or remove the executor and appoint a successor.
• Contempt or sanctions: If the court has ordered the executor to do something and they refuse, the court can impose contempt sanctions.

To start any of these actions you generally file a petition or motion in the probate court handling the estate and serve the executor and other parties. The court will set a hearing.

6. Consider settlement or mediation

Litigation can be slow and expensive. The court or parties may agree to mediation or settlement negotiations to reach a faster resolution. This can be especially effective when the estate has limited assets and the beneficiary wants a quick partial payment.

7. Hire a probate attorney if necessary

If the executor continues to stonewall, or if estate accounting is complex, consult a Kansas probate attorney. An attorney can draft court pleadings, represent you at hearings, and explain likely costs and timelines. If you prevail, the court may order the estate to pay legal fees in some circumstances.

8. Practical timelines and expectations

• Small disputes can sometimes be resolved with a demand letter and a few weeks of follow-up.
• If you must go to court, expect several months to resolution—sometimes longer depending on court schedules and complexity.
• Costs: filing fees and attorney fees vary. Evaluate whether the value of the bequest justifies litigation costs.

9. Where to find Kansas probate law and forms

Most probate procedures and fiduciary duties are in the Kansas Probate Code (Chapter 59). For a general overview of statutes in one place, see the Kansas Statutes Chapter 59 (probate): Kansas Statutes, Chapter 59 — Probate Code. For local court forms and rules, visit the Kansas Judicial Branch: kscourts.org.

Note: specific statutory sections govern executor duties, accountings, removal, and other remedies. A Kansas probate attorney or the court clerk can point you to the exact forms and sections that apply to your case.

Helpful Hints — Practical tips to speed recovery of a cash bequest

• Document everything: keep copies of the will, letters testamentary, all correspondence, demand letters, and any accounting you receive.
• Be courteous but firm: start cooperative; escalate to formal demands if ignored.
• Ask the court clerk for the probate case number and how to inspect the file—many records are public and will show inventories and filings.
• Request a partial distribution if the executor claims limited funds. Courts sometimes allow partial payments rather than waiting for complete liquidation.
• Consider small-claims or simplified procedures if the estate is small; some counties offer streamlined probate processes.
• Be mindful of costs: weigh the bequest value against attorney and court costs before filing lengthy litigation.
• If you suspect theft, fraud, or deliberate concealment, act quickly and consult an attorney—misconduct claims can change the remedy available.
• Ask whether the executor has insurance or bonding—some executors are bonded, and a bond can fund recovery if the executor misapplies estate assets.

For help locating a Kansas probate attorney, contact the Kansas Bar Association or your local county bar referral service. A brief consultation can clarify whether court action is likely to recover the bequest and estimate likely costs.