Detailed answer — step-by-step under Kentucky law

This section explains practical steps a beneficiary should take when an executor (personal representative) refuses to deliver a cash bequest. The rules below follow Kentucky probate practice (see KRS Chapter 395 on decedents’ estates). This is educational information only and not legal advice.

1. 1. Confirm the bequest and the executor’s role

   Start by confirming whether the decedent left a valid will that includes the cash bequest and who the named executor (personal representative) is. If there is a will, it must be probated (admitted to the probate court) before the executor has authority to distribute assets. If there is no will, distributions follow Kentucky intestacy rules and the court will appoint an administrator.

2. 2. Check the probate case file and get basic documents

   Contact the clerk of the probate court in the county where your sibling lived. Ask whether a probate case was opened and request copies of:

   • the filed will (if any);
   • letters testamentary or letters of administration (documents showing the executor’s authority);
   • the inventory and appraisal (if filed);
   • accountings or distributions already filed.

   These documents show what assets exist in the estate and what the executor is authorized to do.

3. 3. Send a written demand for payment

   Send a concise written demand to the executor requesting payment of the cash bequest. Include:

   • a copy of the portion of the will or the specific language identifying the bequest;
   • a short deadline for response (commonly 10–14 days);
   • delivery by certified mail or another verifiable method, and keep a copy of the letter and delivery receipt.

   Many disputes resolve after this formal demand. If the executor claims there are insufficient assets or creditor claims, ask for the estate accounting or explanation in writing.

4. 4. Review the executor’s duties and required accounting

   As Kentucky law gives personal representatives fiduciary duties to marshal estate assets, pay valid debts and taxes, and distribute the remainder to beneficiaries, beneficiaries are entitled to information and periodic accountings. If the executor refuses to provide an accounting or is not following required probate steps, you can ask the probate court to compel an accounting and supervise the distribution. (See KRS Chapter 395 for probate procedures.)

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

   If informal requests don’t work, you (or your attorney) can file motions or petitions in the probate court where the estate is being administered. Typical filings include:

   • petition for an order compelling the personal representative to provide an accounting;
   • petition to compel distribution of specific bequests;
   • petition to surcharge the personal representative (seek money from the executor personally) if the executor wasted, misapplied, or improperly withheld estate assets;
   • petition for removal of the personal representative for failing to perform duties, incompetence, or misconduct.

   The probate judge has authority to order the executor to act, to approve or reject accountings, to hold the executor responsible for losses, and to remove the executor if appropriate.

6. 6. Consider a civil action against the executor

   When the executor refuses to obey probate court orders or the executor has converted estate property for personal use, you may have a separate civil claim against the executor for breach of fiduciary duty or conversion. A court can award damages and require repayment, and in some circumstances assess court costs and attorney fees against the executor.

7. 7. If you suspect theft or fraud, involve law enforcement

   If the executor has taken estate funds for personal use or concealed assets, that conduct may amount to criminal theft. Report suspected criminal conduct to law enforcement or to the county attorney (commonwealth’s attorney). You can also notify the probate court and seek an emergency hearing to freeze assets.

8. 8. Keep good records and timelines

   Keep copies of the will, probate filings, letters you send, certified-mail receipts, emails, bank statements, and any communications with the executor. That evidence will help the court or an attorney evaluate and prosecute your claim.

9. 9. When to hire an attorney

   Consider hiring a probate or estate litigation attorney if:

   • the executor refuses to provide records or refuses to distribute a clear cash bequest;
   • assets are missing or misapplied;
   • the estate is large or complicated;
   • you want to file a petition to remove the executor or to surcharge him/her;
   • you need help with court hearings or drafting formal petitions.

10. 10. Timing and practical expectations

    Probate matters take time. Simple distributions can happen within weeks after the executor receives funds, but contested matters may take months. If the executor denies the bequest exists or claims there are debts to pay, the court will sort those disputes. Acting promptly preserves evidence and legal options.

Note: Kentucky probate law is codified in the Kentucky Revised Statutes governing decedents’ estates and personal representatives. For general reference see KRS Chapter 395: Kentucky Revised Statutes (search and chapters).

Helpful hints

• Ask the probate clerk which judge and case number handle the estate. That makes filings and requests easier.
• Always put requests to the executor in writing and use certified mail or another traceable method.
• Ask the executor for a copy of the estate inventory and any accountings. Kentucky requires that personal representatives file inventories and accountings with the probate court—ask the clerk for what has been filed.
• If the executor says there are creditor claims, ask for documentation showing the amounts and priorities. Creditors often must file claims within prescribed timeframes in probate.
• Keep emotion out of communications. Focus on documents and dates. Courts respond better to clear evidence and organized requests.
• If the amount at issue is modest, weigh the cost of litigation versus the likely recovery. Mediation or settlement with the executor can be a practical option.
• If you suspect the executor is hiding assets, ask the court for an expedited accounting or a temporary restraining order to freeze assets pending a hearing.
• Work quickly: preserving bank records, emails, and other evidence helps both informal resolution and court proceedings.