Detailed Answer — what you can do under Montana law

If you are named in a will as the recipient of a cash bequest but the personal representative (executor) is refusing to pay or communicate, you have several practical and legal options under Montana probate law. The common steps are:

1. Confirm the estate status and your right to the bequest.

   Check the probate case in the county where your sibling died. Obtain copies of the will, the order appointing the personal representative (often called “Letters Testamentary” or “Letters of Administration”), the filed inventory (if any), and any accountings filed with the court. The probate clerk’s office can tell you whether the estate is open and who the appointed representative is.

2. Make a written demand.

   Send a polite but firm written demand to the personal representative requesting payment of the bequest and asking for an accounting of estate assets and liabilities. Send it by certified mail (return receipt requested) or other trackable method so you have proof of delivery. Keep copies of everything sent and received.

3. Confirm whether there are estate administration reasons for delay.

   Executors must gather assets, pay valid debts and taxes, and follow court orders before distributing gifts. If the estate has unpaid creditors, taxes, or insufficient liquid assets, distributions may be delayed. Review the estate inventory/accounting to see whether funds exist to satisfy your bequest.

4. Request an accounting and inventory from the court if the representative won’t provide one.

   Beneficiaries have the right to request that the personal representative file an inventory and a formal accounting with the probate court. If the executor refuses, you may file a petition asking the court to order an inventory or accounting.

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

   You can ask the probate court for orders to compel the personal representative to perform duties, to compel distribution (if proper), or to require an accounting. Typical probate court remedies include: an order compelling the filing of an inventory or accounting, an order compelling distribution of the bequest if administration is complete and funds are available, or an order restraining further mismanagement.

6. Seek removal or replacement of the personal representative if there is misconduct or failure to act.

   If the executor is neglecting duties, acting in bad faith, committing waste, or otherwise unfit, you may petition the court for removal and appointment of a successor. Montana probate law allows removal of a representative for cause; the court will evaluate the facts and may appoint a successor or a temporary representative if needed.

7. Pursue civil remedies for breach of fiduciary duty.

   If the executor has misapplied estate assets, withheld funds without justification, or committed fraud, beneficiaries can bring a lawsuit against the personal representative for breach of fiduciary duty or for recovery of misapplied funds. The probate court can also impose a surcharge (monetary liability) on a fiduciary who caused losses to the estate.

8. Consider criminal or administrative reporting if theft or fraud is suspected.

   If there is evidence the personal representative stole estate funds, you may report the conduct to local law enforcement or the county attorney. Criminal charges (theft, embezzlement) are separate from probate remedies.

9. Hire an attorney experienced in Montana probate if needed.

   Probate litigation and petitions to compel or remove fiduciaries involve court procedure, evidence, and timing. An attorney can prepare petitions, represent you at hearings, and help recover attorney’s fees when allowable.

Where Montana law fits in

Montana’s probate statutes govern appointment of personal representatives, their duties, the requirement to inventory and account for estate assets, and removal or surcharge for misconduct. For the statutory framework, see Montana Code Annotated, Title 72 (Probate, Estates, and Protective Proceedings): https://leg.mt.gov/bills/mca/ (look under Title 72 for probate provisions). The Montana Courts also publish probate guidance and forms at the Montana Judicial Branch website: https://courts.mt.gov/selfhelp/probate.

Timing and cost considerations

Probate matters can take months or longer. If the estate is complex, has debts or tax issues, or if litigation is required, recovery can take significantly longer. Filing petitions and lawsuits involves court fees and possible attorney fees; in many cases where a fiduciary breaches duties, the court may order the fiduciary to pay legal costs, but recovery is not guaranteed.

Example scenario (hypothetical)

Suppose the will leaves you $10,000. The executor has not responded to calls for six months and no accountings have been filed. Reasonable steps would be: (1) obtain the probate case file from the county clerk and confirm the executor’s appointment; (2) send a certified written demand for payment and request an estate accounting; (3) if no response within a short deadline (commonly 10–21 days), file a petition in probate court asking the judge to compel an accounting and to order distribution if funds exist; (4) if the court finds willful failure or misapplication, seek removal and surcharge against the executor.

Helpful Hints

• Collect and preserve documentation: the will, death certificate, any communications with the executor, proof of your identity and relationship, and proof of entitlement to the bequest.
• Check the probate docket at the county courthouse where your sibling lived when they died. The probate clerk can provide case numbers and filed documents.
• Send demands by certified mail and keep copies. A clear paper trail helps if you go to court.
• Ask for a simple, written accounting: assets on hand, cash on hand or bank accounts, debts paid, and distributions made or planned.
• Be realistic about estate liquidity. If the estate has more debts than assets, bequests may be reduced or eliminated under Montana’s rules for paying creditors.
• If the executor is a family member, consider mediation or a neutral third-party meeting before filing court actions; sometimes a formal demand plus a mediator’s involvement resolves matters quicker and cheaper.
• If you suspect criminal activity (missing funds, forged documents), preserve evidence and consider contacting law enforcement in addition to pursuing probate remedies.
• Act promptly. Delay can make recovery harder, and statute-of-limitations issues can arise for civil claims against fiduciaries.