Detailed answer — practical steps under Virginia law

If a deceased sibling’s will leaves you a cash bequest and the named executor is unresponsive or refuses to deliver the funds, Virginia probate law provides paths you can use to get the money or to force the executor to act. Below are practical, sequenced steps you can take. These steps assume the decedent’s will has been filed with the Circuit Court for the decedent’s last county of residence and the executor has been appointed or is acting as personal representative.

1. Confirm basic facts

• Verify whether the will was admitted to probate and whether a personal representative (executor) has formal appointment by the Circuit Court. The Circuit Court handles probate matters in Virginia (see Virginia Code Title 64.2: Wills, Trusts, and Fiduciaries: https://law.lis.virginia.gov/vacode/title64.2/ and Virginia Courts probate information: https://www.vacourts.gov/courts/circuit/probate/index.html).
• Obtain a copy of the will, the letters testamentary (or letters of administration), and the court docket sheet showing the personal representative’s appointment.
• Confirm the exact bequest language (e.g., a specific cash sum or a percentage of the estate) so you know what the estate owes you.

2. Make a formal written demand for distribution and an accounting

• Send a short, polite written demand by certified mail (return receipt requested) or other verifiable method to the executor. State the bequest amount, cite the will, request a distribution or an explanation, and ask for an estate accounting and estimated timeline.
• Keep copies of the will, your correspondence, and postal receipts. Be sure to document all communication attempts (phone, email, texts).

3. If the executor still does not cooperate, request an accounting through the court

• Virginia beneficiaries generally have a right to request information about estate administration and a formal accounting from a fiduciary appointed by the court (see Title 64.2 for the framework: https://law.lis.virginia.gov/vacode/title64.2/). If the executor refuses informal requests, you can file a petition in the Circuit Court asking the judge to compel an accounting and to require distribution if appropriate.
• The court can order the personal representative to file inventories, accountings, and receipts. A court-ordered accounting will show assets, disbursements, expenses, taxes, and the distributable estate balance.

4. Consider requesting the court to compel distribution or to remove the personal representative

• If the executor has the cash and unreasonably refuses to distribute it, ask the court to compel distribution. If the executor is mishandling estate assets, failing to perform duties, or acting in bad faith, you may petition for removal and appointment of a successor fiduciary. The court can also order surcharge (money penalty) against an executor who misapplies estate assets.
• Petitions for removal and surcharge require evidence (e.g., failure to disclose, refusal to follow court orders, self-dealing, wasting estate assets). The court weighs whether removal serves the estate’s best interest.

5. File a separate civil claim if appropriate

• If the executor wrongfully converted estate funds to personal use or refuses to return bequests after court orders, you may have a separate civil claim for breach of fiduciary duty, conversion, or money owed. A court judgment can be enforced against the personal representative.
• Before filing suit, evaluate whether the estate holds sufficient assets and whether the personal representative has personal assets to satisfy a judgment.

6. Know evidence and documentation that help your case

• Copies of the will and letters testamentary.
• Any estate inventories, bank statements, or transaction records showing estate funds and payments.
• All written communications with the executor and with the probate court.
• Proof of your identity and your status as an interested party or beneficiary under the will.

7. Consider alternative dispute resolution

• Mediation or settlement negotiations can produce a faster, less expensive result than litigation. Courts sometimes order mediation in probate disputes.

8. Hire a Virginia probate attorney when needed

• Probate and fiduciary duty claims can involve technical rules and court procedures. A local Virginia probate attorney can (a) file petitions and motions, (b) request accountings, (c) seek removal or surcharge, and (d) advise about likelihood of success and costs.

Timing and practical considerations

Act promptly. Probate matters involve timelines and the estate’s assets can be spent or distributed. Even if you wait, the court still provides remedies, but evidence can be lost and assets dissipated. If the executor is the only person with access to the funds and refuses to cooperate, immediate steps (demand letter and a petition to the Circuit Court) often produce the fastest leverage.

For general statutory guidance about wills, fiduciaries, and probate procedure in Virginia, see the Code of Virginia, Title 64.2 (Wills, Trusts, and Fiduciaries): https://law.lis.virginia.gov/vacode/title64.2/ and the Virginia Courts probate information: https://www.vacourts.gov/courts/circuit/probate/index.html

Helpful Hints

• Start with a clear, documented written demand. Certified mail creates a record.
• Ask the probate clerk which forms or local procedures the Circuit Court uses for petitions to compel accountings or remove a personal representative.
• Collect all relevant paperwork before filing anything—will, letters, bank statements, receipts, and correspondence.
• Be realistic about estate liquidity. If the estate lacks cash, the court may direct sale of assets or a delayed distribution.
• If the executor is likely to hide or dissipate assets, move to the court quickly and ask for protective orders, inventory, and bond review.
• Consider mediation if family relationships matter and the executor is not acting with clear bad faith. Settlement often preserves relationships and reduces cost.
• Get a cost estimate from an attorney. Sometimes the likely recovery is small relative to litigation costs; other times the court’s power to compel an accounting makes litigation efficient.
• Preserve digital evidence such as emails and text messages. Print and save screenshots with timestamps.
• If the executor is a bank or trust company, their conduct is often regulated and supervised; you can raise concerns with the institution’s fiduciary oversight and bring a court petition if necessary.