Detailed answer — practical steps under Nebraska law

If the will names you as the beneficiary of a cash bequest and the personal representative (commonly called the executor) is refusing or ignoring your request for payment, Nebraska law gives interested persons several tools to enforce the will and force administration to move forward. Below are clear, practical steps to take in order and what each step does.

1. Confirm basic facts

• Verify the will: obtain a copy of the will from the executor or the appropriate county probate court. If the will has been admitted to probate, the court file is public and you can request a copy from the county courthouse where probate was opened.
• Confirm you are an interested person: beneficiaries named in the will, heirs, and certain creditors qualify as interested persons who have standing in Nebraska probate matters.
• Check estate status: confirm whether probate has been opened, whether the executor has been appointed, and whether notices to creditors or beneficiaries have been mailed or published.

2. Make a formal written demand

Send the executor a polite, concise written demand for the bequest by email and certified mail (return receipt requested). Include:

• A copy of the will provisions showing your bequest;
• A request for an accounting of the estate assets, income, and distributions;
• A reasonable deadline for response (for example, 14 calendar days).

Keep copies of everything. A formal demand is important evidence if you later go to court.

3. Request an accounting and records

Under Nebraska probate practice the personal representative has fiduciary duties to manage estate property and provide information to beneficiaries. If the executor is refusing to provide an accounting or to show estate records, you can ask the probate court to order an accounting. This is a common first court action where the representative’s duties are at issue.

4. Look for simplified procedures (small/summary estate)

If the estate is small and meets Nebraska’s summary administration or small estate rules, you may be able to use a simplified procedure that avoids full formal litigation. Check the probate court rules and the Nebraska statutes (Probate Code) for the summary or small estate options. If the estate qualifies, you can sometimes get a quicker distribution without waiting for a full accounting process.

5. File a petition with the probate court (compel distribution, accounting, or removal)

If informal steps fail, file a petition in the probate court where the estate is being administered. Common petitions include:

• Petition to compel an accounting or production of estate records;
• Petition for an order directing the personal representative to pay the bequest (turnover or distribution motion);
• Petition for surcharge or damages if the representative breached fiduciary duties and caused a loss;
• Petition to remove or replace the personal representative for failure to perform duties, misconduct, conflict of interest, failure to keep beneficiaries informed, or refusal to follow court orders.

When you file, ask the court for interim relief if appropriate (for example, an order directing immediate payment of the cash bequest if funds are available and undisputed).

6. Use contempt or enforcement remedies

If the court orders the executor to act and the executor still refuses, the court can impose contempt sanctions or other enforcement measures against the executor. In practice, many disputes resolve once a court order is involved.

7. Consider filing a direct claim against the estate

If the executor refuses to pay valid bequests and the estate has assets, you can assert a claim to receive the distribution. The executor cannot use refusal as an excuse to deny payment of a valid bequest that is not contested by creditors or other beneficiaries.

8. Preserve deadlines and evidence

Watch any deadlines the court sets and preserve all written communications, copies of the will, death certificate, demand letters, and any accounting information you receive. Missing a court deadline can harm your position.

9. Hire a probate attorney when needed

If the executor is uncooperative, an attorney experienced in Nebraska probate can:

• File the necessary petitions and pleadings in the correct county court;
• Draft and serve discovery requests and subpoenas for financial records;
• Advise whether summary administration applies and whether settlement or mediation is likely to work;
• Represent you at contested hearings and protect your rights as a beneficiary.

Key Nebraska law and where to look

Most Nebraska probate statutes and rules relevant to these steps are in the Nebraska Revised Statutes, Chapter 30 (the Probate Code) and local county court practice rules. Useful official resources:

• Nebraska Revised Statutes, Chapter 30 (Probate Code): https://nebraskalegislature.gov/laws/statutes.php?statute=30
• Nebraska Judicial Branch — probate information and local county court contacts: https://supremecourt.nebraska.gov/probate
• Nebraska State Bar Association lawyer referral and resources: https://www.nebar.com

These sources will point you to the specific statutes (for example, provisions covering duties of personal representatives, accounting, and removal) and the local court forms and rules you will need to file petitions.

Typical timeline and likely costs

Timelines vary. Informal demands and records requests might be resolved in days to weeks. A contested court petition can take months and increase legal costs. Attorneys usually bill hourly for probate litigation, though some matters (like simple collection of an undisputed bequest) may be handled more cheaply by negotiation or using small-estate procedures if applicable.

When you may be able to avoid litigation

Consider mediation or a negotiated settlement if family relationships or speed is important. A neutral mediator can often resolve distribution disputes faster and cheaper than a full court hearing.

Helpful Hints

• Start by getting a copy of the probate docket and the will from the county probate court—these are public records.
• Send written demands and keep certified-mail receipts and copies of emails and texts.
• Ask the executor for a simple written accounting: assets at death, receipts since appointment, payments to creditors, and distributions already made.
• Be specific in your court petition: state the exact bequest, the executor’s refusal or inaction, and the relief you want (e.g., order directing payment).
• If the estate is small, ask the court clerk whether Nebraska summary or small‑estate procedures apply; these can greatly reduce time and cost.
• Preserve bank records, wills, communications, and any proof of the executor’s misuse of funds—these can support a claim for surcharge.
• Request interim relief if the executor is dissipating assets or delaying payment without reason.
• If family relationships are a concern, consider mediation before a contested court fight.
• Use the Nebraska Judicial Branch and Nebraska State Bar referral services to find attorneys with local probate experience.

Important disclaimer: This article is educational only and is not legal advice. Laws change and every case is different. For advice about your specific situation, contact a licensed Nebraska probate attorney.