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This article explains, under Wisconsin law, practical steps a beneficiary can take to recover a cash bequest when the estates personal representative (executor) is not cooperating. It assumes you are named in a valid will and that the decedents estate is or should be in probate. This is educational information only and not legal advice.

1. First confirm the probate status and your entitlement

Start by obtaining a copy of the will and checking the probate court docket in the county where the decedent lived. The probate case file will show whether a personal representative was appointed, the case number, inventories filed, and any deadlines. If you cannot access the file online, contact the county clerk of circuit court. Wisconsin circuit court forms and probate filing information are available from the Wisconsin Court System: https://www.wicourts.gov/forms1/circuit/index.jsp?formCategory=PR.

2. Verify that the named bequest exists and has not already been paid

Make sure the will actually provides the cash bequest you expect (specific dollar amount or percentage). If the will leaves you a specific dollar amount, that is a specific legacy and must generally be paid out of estate assets after debts, taxes, and costs are satisfied. If the will leaves you a percentage or residue, distributions depend on available assets and debts.

3. Request basic information and a written accounting

Under Wisconsin probate law, a personal representative has duties to marshal estate assets, pay valid creditors, and distribute to beneficiaries. Start by sending a written demand (certified mail, return receipt) asking the personal representative for:

• A copy of the petition or order appointing the personal representative;
• Inventory or list of estate assets;
• An accounting or statement showing receipts, expenses, payments to creditors, and distributions (or a timeline for distribution); and
• Contact information for the estate attorney (if any).

Keep copies of all communications.

4. Check notice to creditors and creditor claim deadlines

Probate administrations publish notice to creditors and follow creditor claim procedures. Creditors may have priority over beneficiaries. Make sure the estate has complied with creditor notice rules and that the personal representative has allowed sufficient time to evaluate creditor claims before distributing assets. The Wisconsin probate statutes on estate administration provide governing rules: https://docs.legis.wisconsin.gov/statutes/statutes/859.

5. If the personal representative refuses or delays, involve the probate court

If informal requests fail, file a petition or motion with the probate court to:

• Compel an accounting or inventory;
• Order distribution of the specific bequest;
• Require the personal representative to post or increase bond if the representative is insolvent or untrustworthy; and
• Remove the personal representative for failure to perform duties, if appropriate.

The court has authority to enforce fiduciary duties, compel actions, and surcharge (financially charge) a personal representative who breaches duties. Use the probate case number and follow local court rules for petitions and hearings. Refer to the Wisconsin statutes governing administration and fiduciary duties: https://docs.legis.wisconsin.gov/statutes/statutes/859.

6. Consider small-estate procedures if applicable

If the estate qualifies as a small estate under Wisconsin law, beneficiaries or successor personal representatives may use simplified procedures (affidavits or summary administration) to receive assets without prolonged probate. Check the statutes and local court rules or the Wisconsin Court System resources for small estate forms: https://www.wicourts.gov/forms1/circuit/index.jsp?formCategory=PR.

7. Alternative claims and remedies

If the executor wrongfully converts or withholds estate funds, you may have additional remedies:

• File a petition in probate asking the court to surcharge the personal representative for losses caused by mismanagement;
• File a civil action for conversion or breach of fiduciary duty if you can show the executor wrongfully took or retained your bequest;
• Ask the court for injunctive relief or an order to freeze estate assets to prevent dissipation pending resolution.

8. Gather evidence and document everything

Collect and organize documents: the will, correspondence with the personal representative, bank statements (if available), probate filings, and any receipts or invoices. A clear paper trail strengthens petitions to the court or any civil claim you may bring.

9. Timing, costs, and practical considerations

Probate litigation can be time-consuming and sometimes expensive. Before filing motions, weigh the likely recovery against attorney fees and court costs. In many cases, a clear written demand, court-ordered accounting, or the threat of surcharge/removal motivates compliance. The probate clerk can tell you current filing procedures and fees.

10. When to consult an attorney

If the personal representative continues to refuse, hides assets, refuses to account, or you suspect fraud or mismanagement, consult a probate attorney to evaluate your case and court options. An attorney can draft and file petitions, represent you at hearings, and assess whether a contested proceeding is likely to succeed.

Useful Wisconsin resources

• Wisconsin Statutes — Estate Administration (probate chapter): https://docs.legis.wisconsin.gov/statutes/statutes/859
• Wisconsin Court System — Probate forms and instructions: https://www.wicourts.gov/forms1/circuit/index.jsp?formCategory=PR

Disclaimer: This information explains general principles of Wisconsin probate practice and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, contact a licensed Wisconsin attorney.