What to do if the executor won’t cooperate when you’re owed a cash bequest in Utah

Short answer: Confirm you are a named beneficiary, request a copy of the will and an accounting, send a clear written demand, and—if the executor still refuses—file a petition in Utah probate court to compel an accounting, force distribution, or remove the personal representative. Consider hiring an attorney; many estate administration disputes can be resolved by court action or settlement. This is not legal advice.

Detailed answer — step‑by‑step under Utah law

1. Confirm your status and collect basic documents

Start by confirming that the will names you specifically or that the estate plan otherwise gives you the cash bequest. Ask the executor (personal representative) in writing for:

• A copy of the will and any codicils;
• A copy of the letters testamentary or letters of administration (these show who the court appointed to act for the estate); and
• An inventory or preliminary accounting of estate assets, if one has already been prepared.

Under Utah probate law, beneficiaries have the right to certain information about administration of the estate. If the executor won’t provide these records informally, the court can require them to do so. For an overview of Utah probate practice and forms, see the Utah Courts probate help page: https://www.utcourts.gov/howto/probate/ and the Utah Code on probate (Title 75): https://le.utah.gov/xcode/Title75/75.html

2. Understand why the executor may delay payment

Executors cannot simply hand out bequests until they reasonably satisfy higher‑priority obligations. Common reasons for delay include:

• Outstanding debts or creditor claims against the estate;
• Need to liquidate assets (sell property or investments) to raise cash;
• Incomplete tax returns for the decedent or the estate;
• Disputes among beneficiaries or heirs; or
• Executor’s neglect, incompetence, or bad faith.

If legitimate administration tasks must be completed first, distribution may be delayed temporarily. But the executor still must keep beneficiaries reasonably informed and act within a reasonable time.

3. Send a written demand and preserve evidence

Send a short, professional written demand (email and certified mail recommended) that:

1. Identifies the decedent and the probate case (if you have the case number);
2. States that you are a named beneficiary and the amount of the bequest;
3. Requests a copy of the will, letters, and a current accounting;
4. Gives a reasonable deadline for response (commonly 10–21 days); and
5. Warns that you will petition the probate court if the information or distribution is not provided.

Keep copies of everything you send and receive. These records are critical if you must ask the court for relief.

4. Evaluate whether the estate has assets available for distribution

Executors must pay creditors and taxes before distributing gifts that would incorrectly reduce funds needed to satisfy debts. Ask whether the estate has sufficient liquid funds. If the estate has adequate cash or marketable securities, the executor generally should distribute bequests without unreasonable delay. If the estate lacks liquidity, distribution may be postponed until assets are sold.

5. File a petition in probate court if the executor still refuses

If the executor ignores requests or acts in bad faith, you can ask the probate court to intervene. Common court petitions include:

• Motion or petition to compel an accounting: requires the executor to produce a full accounting of receipts, disbursements, assets and liabilities;
• Petition for distribution: asks the court to order distribution of funds to you if the estate has sufficient assets;
• Petition to remove (or replace) the personal representative: if the executor is neglectful, incompetent, or acts in bad faith; and
• Claims for surcharge or damages: seek reimbursement to the estate for losses caused by executor misconduct (the court can order the executor to pay back the estate).

Those petitions are filed in the probate court that has jurisdiction where the decedent lived. Utah Courts provide guidance and forms: https://www.utcourts.gov/howto/probate/ . The Utah Code (Title 75) governs personal representative duties and court powers: https://le.utah.gov/xcode/Title75/75.html

6. Consider alternative dispute resolution and settlement

Many beneficiary–executor disputes settle once afirm written demand or court petition is filed. Mediation can be faster and less expensive than full court litigation. If you seek an efficient outcome, propose mediation in writing before or when you file a petition.

7. Legal costs and recovering attorney fees

Utah courts can award reasonable attorney fees against the estate or against a personal representative who acted improperly. If you win, the estate may cover your reasonable costs, but pursuing court action can still be time‑consuming and has risk. Ask an attorney about fee arrangements and the likelihood of recovering fees from the estate.

8. When to hire an attorney

Get a probate attorney if:

• The executor refuses to provide basic records or respond to a demand;
• Large sums are at stake or estate administration is complex;
• There is evidence of fraud, theft, or self‑dealing by the executor; or
• You want help drafting and filing the correct petition in probate court.

An attorney can draft the demand, prepare the petition, request emergency relief, and advise about recovery of attorney fees.

Typical timeline and what to expect

• Initial written demand: 7–21 days for a response.
• If no response: file a petition—scheduling depends on the court’s calendar; you may get a hearing within weeks to months.
• Court motions, discovery, and settlement negotiations can extend the process; complex cases may take many months.

Practical checklist — what to bring to court or to a first meeting with an attorney

• Copy of the will and codicils (if you have them);
• Any letters or emails you already sent to the executor and the executor’s replies;
• Proof that you are the beneficiary (will language, beneficiary designation, etc.);
• Any estate accounting or inventory you received; and
• Information about estate assets you know (bank accounts, property, investments).

Helpful hints

• Always send important requests by certified mail and keep copies.
• Be polite but firm; an aggressive approach may escalate conflict and slow progress.
• Ask the executor for the estate’s probate case number—this helps you track filings with the court.
• Keep a timeline of events and communications; courts expect clear records.
• Ask whether the estate has insurance that covers executor errors or fiduciary liability.
• Consider mediation as a lower‑cost alternative before long litigation.

Where to find official Utah resources

• Utah Courts probate help and forms: https://www.utcourts.gov/howto/probate/
• Utah Code — Title 75 (probate and personal representative duties): https://le.utah.gov/xcode/Title75/75.html

Important disclaimer: This article explains general concepts about recovering a bequest under Utah law for educational purposes only. It is not legal advice. Laws change and outcomes depend on facts. Consult a licensed Utah attorney before taking legal action.