Detailed answer — clear, practical steps under Delaware law

When an executor (personal representative) will not cooperate in distributing a cash bequest named in a will, act promptly and methodically. Below is a step-by-step roadmap you can follow in Delaware. The exact path depends on whether the will has been admitted to probate, whether the estate has assets available, and whether the executor is simply delayed or is actively refusing to act.

1. Confirm your status and gather documents.

   Make sure you are a named beneficiary in the will or otherwise entitled to the cash bequest. Ask for and gather these documents: the will, a certified copy of the decedent’s death certificate, any correspondence from the executor, and any notices you have received about the probate case. If you don’t already have a copy of the will or proof that the will was filed for probate, request that from the county office that handles wills or from the executor.

2. Check probate filings.

   Determine whether the will has been filed and admitted to probate. In Delaware, probate and fiduciary administration matters are governed by Title 12 of the Delaware Code. You can review relevant statutes and learn where probate filings are handled on the Delaware code and courts websites: Delaware Code, Title 12: https://delcode.delaware.gov/title12/ and Delaware Courts general site: https://courts.delaware.gov/.

3. Send a written demand for payment and accounting.

   Send the executor a clear, dated, written demand (certified mail, return receipt requested) that asks for (1) a formal accounting of estate assets and liabilities, (2) the status of the estate administration, and (3) payment of your bequest or an explanation why it will not be paid. Keep copies of everything. Many disputes resolve once a formal demand and deadline (e.g., 14–30 days) are set in writing.

4. Request an accounting through the probate process.

   If the executor fails to respond or provides an inadequate response, beneficiaries have the right to demand an accounting of the estate administration. In Delaware this remedy arises from the probate/fiduciary rules and the general duties of fiduciaries under Title 12 (see the Title 12 index for provisions related to fiduciary duties and accounting: https://delcode.delaware.gov/title12/). If the executor has been appointed and letters testamentary (or letters of administration) have been issued, you can seek a court-ordered accounting.

5. File a petition in the appropriate court to compel action.

   If the executor continues to refuse, you can file a petition with the probate court or the court that is handling estate matters asking the court to: (a) compel the executor to provide an accounting, (b) compel distribution of the bequest, or (c) remove and replace the executor for breach of duty. In Delaware, fiduciary removal and many contested fiduciary matters may be brought in the state courts (the Court of Chancery hears many fiduciary disputes and Delaware courts manage probate filings; see https://courts.delaware.gov/chancery/ and https://delcode.delaware.gov/title12/). A court can order distribution, surcharge the fiduciary for losses caused by misconduct, and award costs or fees in appropriate cases.

6. Consider small-estate procedures if applicable.

   If the estate is small and qualifies under Delaware small‑estate rules, you may be able to use an expedited process to retrieve the bequest without a full administration. Check Title 12 on small‑estate provisions or contact the local register of wills or courthouse for county-specific procedures: https://delcode.delaware.gov/title12/.

7. Preserve evidence and consider alternative dispute resolution.

   Keep all emails, texts, letters, and records of phone calls. If the executor’s refusal appears to be a dispute susceptible to negotiation, you can propose mediation. Many probate disputes resolve faster and cheaper through settlement or mediation than through full court litigation.

8. File a civil suit for breach of fiduciary duty if necessary.

   If the executor has misappropriated funds, failed to account, or otherwise breached fiduciary duties, you may pursue a civil action to recover the bequest and damages. Remedies can include restitution, surcharge, removal of the executor, and court costs. For serious fiduciary misconduct, Delaware’s equity courts (including the Court of Chancery) regularly handle these claims: https://courts.delaware.gov/chancery/.

9. Act quickly but follow procedural rules.

   Time limits for challenging a will, bringing certain claims against fiduciaries, or filing probate-related motions exist. Consult local court rules or an attorney promptly so you do not lose rights by waiting. Title 12 contains the statutes that govern deadlines and procedures for probate and fiduciary matters: https://delcode.delaware.gov/title12/.

10. Hire a Delaware probate or estate attorney if the executor remains uncooperative.

    An attorney can file the correct petition in the proper court, handle evidentiary issues, and advise on whether removal or a damages claim is appropriate. If funds are being squandered or hidden, immediate legal action is likely necessary.

Where to look for help and official resources

• Delaware Code, Title 12 (probate/fiduciary statutes): https://delcode.delaware.gov/title12/
• Delaware Courts — general resources and contact information: https://courts.delaware.gov/
• Court of Chancery (common venue for fiduciary disputes in Delaware): https://courts.delaware.gov/chancery/

Helpful Hints

• Document everything: dates, communications, and copies of all documents. Courts favor beneficiaries who keep clear records.
• Send formal requests by certified mail and keep receipts. A dated demand creates a paper trail and can speed resolution.
• Ask for a full accounting before threatening court action. Executors often respond to a written demand for an accounting.
• Check whether the estate qualifies for a simplified or small‑estate administration to speed payment.
• Consider mediation to avoid long, expensive court fights when the estate has limited assets.
• If you suspect fraud or theft, act immediately and consult an attorney — delay can make recovery harder.
• Do not accept informal promises. Get any settlement or agreement in writing and, if appropriate, approved by the probate court.
• Ask the court to surcharge an executor who has misapplied assets — courts can order repayment plus interest in many circumstances.
• If the executor is located out of state, you can still pursue relief in Delaware if the estate is being probated there; coordinate with counsel about jurisdiction and service of process.