Recovering a Cash Bequest When an Executor Won’t Cooperate — Illinois Guide

Short answer: first confirm that you are an appointed beneficiary, ask the executor in writing for an accounting and distribution, then use the probate court to compel an accounting, remove or replace the executor, or obtain an order for distribution if needed. If you suspect misappropriation of estate assets, move quickly and consider hiring a probate attorney. This page explains the practical steps under Illinois law and what to expect.

Disclaimer

This is general information only and is not legal advice. Laws change and every situation is different. Consult a licensed Illinois attorney about your specific case.

Detailed answer — step by step

1. Confirm the probate case and your beneficiary status

Before you take action, confirm that the decedent’s estate is in probate and that the will (if any) names you as the beneficiary of the cash bequest.

Contact the circuit court probate clerk in the county where the decedent lived and ask for the estate docket. Most county clerks allow in-person or online searches by decedent name.
If there is a will, get a copy of the will and any filed documents. The court file should show who the executor (personal representative) is and whether “Letters Testamentary” or “Letters of Office” were issued.

2. Request an accounting and a copy of relevant documents

Illinois law requires the personal representative to manage the estate and provide information to beneficiaries. Ask—preferably in writing and by certified mail—for these items:

Copy of the will and any codicils.
Letters Testamentary or Letters of Office (proof of authority).
Inventory filed with the court and any interim or final accountings, including bank statements, asset lists, receipts, and a proposed distribution plan.
Explanation of debts paid and any claims filed against the estate.

Keep copies of your written requests and any responses. A clear written demand helps establish good-faith attempts to resolve the issue before going to court.

3. Review the estate paperwork

Typical items to check:

Was your bequest specifically identified (a fixed dollar sum) in the will?
Has the executor filed an inventory or accounting with the court?
Have debts, taxes, or funeral expenses been paid that legitimately reduce distributable cash?
Is there a pending claim or dispute that could delay distribution?

4. If the executor refuses or stalls, file a petition in probate court

If written requests fail, you can ask the probate court to intervene. Common filings include:

Petition to compel the executor to file an inventory or an accounting and to show cause why the court should not order distribution.
Petition to surcharge or recover estate losses if the executor misapplied or wasted assets (a remedy for breach of fiduciary duty).
Petition for removal of the executor for misconduct, incapacity, conflict of interest, or failure to perform duties.
Motion for expedited relief if you have evidence the executor is dissipating estate funds.

The Illinois Probate Act governs probate procedure. For the statute text and related provisions, see the Probate Act of 1975 (755 ILCS 5/) on the Illinois General Assembly site: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=57.

5. Consider alternative dispute resolution

Mediation or settlement conferences can resolve distribution disputes faster and cheaper than full litigation. Courts often welcome parties who try mediation before a contested hearing.

6. File a claim or petition for distribution if appropriate

Beneficiaries sometimes need to file a petition requesting the court to order distribution of a specific bequest. If the estate lacks sufficient liquid assets, the court may direct sale of assets or partial distributions based on priority rules.

7. Gather documentation and evidence

If you pursue a court action, bring:

Copy of the will and death certificate.
Written communications with the executor, especially written demands for accounting.
Evidence of your identity and your interest (e.g., excerpt of will naming you).
Any bank or financial evidence showing disappearance of funds, if you suspect conversion.

8. Timing and urgency

Probate can take months. If you suspect the executor is wasting estate assets, act quickly—ask the court for interim relief or an injunction. Practical deadlines (claims by creditors, distribution steps) depend on the estate’s status and any court orders. Because timing can be important, consult an attorney promptly if the amounts at stake are significant or if you see signs of wrongdoing.

9. When to hire an attorney

Consider a lawyer if:

The executor refuses to provide any documents or accountings.
You suspect theft, fraud, or other conversion of estate assets.
The estate is complex (real estate, business interests, tax issues).
You need to file motions in court (to compel accounting, remove the executor, or obtain a surcharge).

Helpful Hints

Start by getting the probate case number and a copy of the will from the probate clerk — you cannot enforce a bequest if the estate never opened or the file is missing.
Always send written requests for information and keep proof of delivery (certified mail or courier). Courts prefer to see efforts to resolve disputes outside litigation.
Ask the clerk whether the executor has filed an inventory or account. Often, required documents are already on file but the executor has not distributed funds yet because of outstanding claims.
If your bequest is a named dollar amount, prepare documentation proving the decedent intended that gift to you exactly as written in the will.
Be realistic about costs. Litigating against an executor can be expensive; weigh the estate amount against legal fees.
If you suspect criminal wrongdoing (theft or fraud), you may also contact law enforcement — but criminal and civil remedies are separate. Preserve evidence and consult counsel first.
Use mediation as an early option. Courts and parties often resolve distribution fights faster through settlement.
Check the Illinois Probate Act for governing rules: 755 ILCS 5/ (Probate Act of 1975).
Find county probate information and forms on the Illinois Courts website to learn local procedures: https://www.illinoiscourts.gov/.

What to expect from the court process

The probate court can order an executor to file accountings, impose a surcharge for losses, remove an executor, or order distribution of estate assets. Expect hearings, notice requirements to interested parties, and possible appeals. The court exercises equitable powers to protect beneficiaries where a fiduciary breaches duties.

Next practical steps right now

Contact the probate clerk where the decedent lived and obtain the case number and documents on file.
Send a written demand to the executor requesting the accounting, inventory and distribution timing; keep proof of delivery.
If the executor fails to respond, consult an Illinois probate attorney about filing a petition to compel an accounting or other relief in probate court.

If you want, tell me whether you have the probate case number, the executor’s name, whether a will exists, and whether you already sent a written demand — I can outline sample language for a demand letter and the likely petition the court will expect.