FAQ: Recovering a Cash Bequest from a Sibling’s Estate in Tennessee When the Executor Refuses to Cooperate

Short answer: In Tennessee you generally start by asking the executor for an accounting and written explanation of distributions. If the executor refuses, you can ask the probate court to compel an accounting, enforce distributions, or remove/replace the executor for breach of duties. You may also have civil remedies against an executor who wrongfully withholds estate assets. This article explains practical steps, relevant Tennessee law resources, and when to consult a probate attorney.

Disclaimer

This is general information and not legal advice. I am not a lawyer. Laws change and every case is unique. Consult a licensed Tennessee probate attorney before taking legal action.

Detailed answer — what you need to know and do

1) Confirm the basics

• Make sure a will exists and that you are an identified beneficiary. Request a copy of the will and any codicils.
• Find out whether the will has been submitted for probate and, if so, the probate case number and county court handling the estate. If the will has not been filed, the person named as executor should present it to the probate court to begin administration.
• Obtain a death certificate. The probate court and many banks will require it.

2) Ask the executor for an accounting and delivery of your bequest

• Send a written request by certified mail (return receipt requested) to the executor asking for (a) confirmation that the estate is open in probate, (b) a copy of any filed inventory, (c) an accounting of estate assets and liabilities, and (d) the expected timing of distributions.
• Keep copies of all communications and proof of delivery.

3) What Tennessee probate law says (general reference)

Administration of estates and the duties of personal representatives/executors are governed by Tennessee probate law (Title 30, Probate and Administration of Estates). The Tennessee Courts provide practical probate information for beneficiaries and personal representatives:

• Tennessee Courts — Probate (Self-Help) page
• Tennessee Code Annotated (Title 30 — Probate and Administration of Estates) (useful for locating statutory provisions governing inventories, accountings, fiduciary duties, removal of a personal representative, and related procedures)

4) If the executor refuses or ignores you: use the court

If written requests fail, beneficiaries can ask the probate court to intervene. Common court actions include:

• Motion to compel an accounting: Ask the court to order the executor to provide a full accounting of estate assets, receipts, expenses, and distributions.
• Petition for citation to show cause or contempt: If the executor fails to obey a court order, the court can hold the executor in contempt.
• Petition for removal or surcharge: If the executor is failing to perform duties, mismanaging assets, committing self-dealing, or otherwise breaching fiduciary duties, beneficiaries can seek removal of the personal representative and/or monetary recovery (surcharge) for losses caused by misconduct.
• Motion to require bond: If the executor was not required to post a bond or posted an inadequate bond, the court can require or increase a bond to protect beneficiaries.

The probate court has primary authority over estate administration; filing the appropriate petition in the county where the estate is probated is usually the effective next step.

5) Civil claims against an executor

In addition to probate remedies, beneficiaries sometimes bring civil claims against an executor for conversion, breach of fiduciary duty, or negligence if the executor improperly took, withheld, wasted, or misapplied estate assets. These actions may seek money damages to make the beneficiary whole.

6) Small estates and alternatives

If the estate is small, Tennessee may allow simplified procedures (small estate affidavit or summary procedures) that let certain beneficiaries collect a distribution without formal probate administration. Check the probate rules or the court clerk for the county for small estate thresholds and procedures — simplified collection can sometimes avoid a slow or uncooperative executor.

7) Practical timeline and costs

• The timing depends on the estate complexity and the court’s schedule. Expect weeks to months for initial court action; contested fights can take longer.
• There are filing fees and likely attorney fees if you hire counsel. Some statutes or case law permit recovery of attorney fees if the executor has acted improperly, but that is not guaranteed.
• Act promptly. Delays can complicate recovery and may limit some remedies.

Step-by-step action plan you can follow today

1. Gather documents: copy of the will (if you have it), death certificate, any written communications with the executor, and proof that you are a named beneficiary.
2. Contact the probate court clerk in the county where your sibling lived or where the estate was opened. Ask whether a probate case exists and note the case number and judge.
3. Send a clear written demand to the executor asking for an accounting and the specific cash bequest. Send by certified mail or another trackable method.
4. If you get no reply within a reasonable time (often 10–30 days depending on urgency), file a petition in probate court asking the court to compel an accounting and order distribution. The court clerk can tell you what forms or filings are required.
5. If the executor has taken or converted money, consult an attorney promptly about filing a civil claim and asking the probate court to surcharge or remove the executor.
6. Consider mediation if the executor is willing to negotiate short of contested litigation; courts sometimes order or encourage alternative dispute resolution in probate disputes.

Helpful hints

• Keep everything in writing. Oral promises are hard to prove.
• Send initial requests by certified mail and save the receipts and any tracking info.
• Contact the probate court clerk early. Clerks can confirm whether the estate is open, provide case numbers, and point you to local forms or the judge’s procedures.
• Look for a filed inventory or account on the probate docket. If no inventory has been filed, that is a strong basis to ask the court to compel an accounting.
• Learn whether the executor posted a bond; if they did, a claim against the bond may be available if the executor misapplies funds.
• Be realistic about cost vs. recovery. For modest bequests, weigh the cost of litigation vs. the likely recovery. Simplified or small-estate processes can sometimes be cost-effective.
• When possible, quickly secure independent documentation of estate assets (bank account statements, brokerage statements, etc.) that may show wrongful withholding or depletion.
• If the executor is a co-beneficiary or related party, be especially mindful of potential conflicts of interest and self-dealing; courts scrutinize these situations.
• Get a consult with a Tennessee probate attorney if the executor resists or if large sums are involved. Most attorneys will give an initial consultation and explain likely next steps and costs.

Where to find Tennessee-specific resources

• Tennessee Courts — Probate information and self-help: https://www.tncourts.gov/programs/self-help/probate
• Tennessee Code (Title 30 — Probate and Administration of Estates) — official state legislature site: https://www.capitol.tn.gov/ (search Title 30 on the site to locate statutes about inventories, accountings, fiduciary duties, and removal of personal representatives)

When to hire an attorney

Hire a Tennessee probate attorney if:

• The executor ignores written demands or refuses to provide a basic accounting;
• Large sums or real property are at stake;
• There is evidence of theft, conversion, self-dealing, or gross mismanagement;
• You need to file a petition to compel, to remove an executor, or to pursue a civil action for damages.

A lawyer can file the correct petitions, represent you at hearings, and (when appropriate) seek fees and damages against a bad-faith executor.

Final notes

Beneficiaries have enforceable rights under Tennessee probate law. Courts expect personal representatives to act in good faith, account to beneficiaries, and distribute estate property according to the will and the law. If an executor will not cooperate, the probate court — not private confrontation — is usually the correct place to resolve the dispute.

For help tailored to your situation, gather your documents and contact the probate clerk or a Tennessee probate attorney for next steps.