What to do if an executor won’t pay your cash bequest in Texas

Short answer: gather proof of your entitlement and try a written demand; if the executor still refuses, use the Texas probate process—ask the probate court to order payment, compel an accounting, or remove the executor. If the estate qualifies, a small‑estate procedure may be faster. This article explains the practical steps, legal options under Texas law, and when to get a probate attorney.

Disclaimer: I am not a lawyer. This is general information about Texas probate and is not legal advice. For guidance tailored to your situation, consult a licensed Texas attorney.

Detailed answer — step‑by‑step guide under Texas law

When a decedent’s will leaves you a cash bequest, the executor (also called a personal representative) is responsible for paying that bequest after valid debts and expenses are resolved. If the executor refuses or ignores that duty, follow these steps.

1) Confirm the estate is open and you are named in the will

• Get a copy of the will and the death certificate. If the will has already been probated, obtain the probate file from the county probate court (the clerk can tell you if a personal representative was appointed).
• If the will is not yet probated and no personal representative has authority, you may need to file the will for probate so the court can appoint an executor and direct distribution.

For basic Texas statutes authorizing appointment and administration, see the Texas Estates Code (Administration of Decedent’s Estate): Texas Estates Code. For general probate court information see the Texas Judicial Branch probate resource: txcourts.gov — Probate.

2) Ask the executor for an accounting and a written explanation (formal demand)

• Send a polite but firm written demand (certified mail, return receipt) stating: a) you are a beneficiary named in the will; b) the amount of the bequest; c) request a timeline and proof that the estate has paid debts and can distribute the bequest; and d) request an accounting of estate funds and transactions.
• Keep all records of communications and delivery receipts.

3) Check whether the estate qualifies for a small‑estate procedure

• Texas allows simplified procedures when estate assets are limited. If the cash bequest is relatively small or the decedent’s total estate is under the statutory small‑estate threshold, beneficiaries may use an affidavit or other streamlined process to obtain assets without full formal administration.
• Check with the probate clerk or an attorney whether a simplified procedure applies in your county.

4) If the executor is the court‑appointed personal representative and still refuses: file motions in probate court

• Motion to compel an accounting. Texas probate courts can order the executor to produce accountings showing estate receipts, disbursements, and distributions.
• Motion to compel distribution. If the accounting shows funds available to satisfy your bequest, the court can order the executor to pay you.
• Petition to remove the executor. If the executor violated duties (mismanaged assets, refused without a lawful reason, wasted estate resources, or engaged in self‑dealing), you can ask the court to remove and replace the executor.
• Contempt or sanctions. If the court issues orders and the executor disobeys, the court may impose contempt fines or other sanctions.

These tools are part of the probate process under the Texas Estates Code and court rules. Your local probate clerk can explain filing procedures and required forms.

5) Consider alternatives: settlement, mediation, or suing the executor personally

• Mediation or negotiation often resolves disputes faster and with less cost than litigation. Ask the court to refer the matter to mediation if appropriate.
• If the executor breached fiduciary duties and you suffer a loss, you may have a claim against the executor personally for breach of fiduciary duty or conversion. Courts can order compensation from the executor’s pocket if misconduct caused the loss.

6) Timeframes and practical concerns

• Act promptly. Waiting can let estate administration continue in ways that complicate recovery (assets distributed to other beneficiaries, estate closed, or assets spent).
• Weigh cost vs. benefit. Probate litigation costs can exceed the value of a small bequest. If the amount is modest, consider an informal settlement or small‑claims alternatives when available.

How to prepare before you file anything

• Collect documents: the will, death certificate, any letters from the executor, bank statements if available, and written proof of your identity and relationship to the decedent.
• Make a timeline of communications and steps you’ve taken to request the bequest.
• Contact the probate clerk in the county where the decedent lived to obtain case numbers, docket entries, and filing instructions.
• Get at least one consultation with a Texas probate attorney. Many attorneys offer limited-scope help or a brief paid consultation that can clarify your options.

Helpful statute and resource links

• Texas Estates Code (probate and estate administration): https://statutes.capitol.texas.gov/?link=ES
• Texas Judicial Branch — probate resources and county contacts: https://www.txcourts.gov/programs-services/probate/
• For practical self‑help: contact your local county probate clerk for forms and filing rules (county court rules vary).

Helpful Hints

• Always document everything: save letters, emails, and delivery receipts. Courts rely on paperwork.
• Be specific in your written demand: include the amount of the bequest and a deadline for reply (for example, 14 days).
• Use certified mail or other trackable delivery methods for formal demands.
• Ask the probate clerk whether the estate qualifies for simplified or small‑estate procedures before filing a full contest.
• Consider mediation before filing motions. It often preserves family relationships and saves legal fees.
• If you cannot afford a lawyer, contact legal aid organizations in Texas for low‑cost or pro bono help; some attorneys will handle probate matters on a limited‑scope basis.
• If the executor is also a beneficiary and refuses payment to others, courts scrutinize that conduct closely for conflicts of interest.

Recovering a cash bequest when an executor won’t cooperate usually requires formal action through the probate court, but many cases resolve after a written demand, mediation, or a court‑ordered accounting. If the amount involved is significant, consult a Texas probate attorney early to preserve your rights and avoid missed deadlines.

Remember: this information is educational and not legal advice. For legal advice about your specific situation, contact a licensed Texas probate attorney.