Detailed answer — what your rights are and the steps you can take under Texas law

If you are a beneficiary or heir in a Texas probate estate and the personal representative (sometimes called the executor or administrator) sends you a check or other payment without explaining how they calculated your share, you have rights and several practical options.

1. Understand the role and basic duties of the personal representative

The personal representative is a court-appointed fiduciary who must administer the estate in good faith and in the best interest of the estate and its beneficiaries. That generally includes: locating and protecting assets; paying valid debts and expenses; keeping accurate records; and making distributions according to the will or Texas intestacy law. If the estate is being administered under an independent administration, the representative may have broader power to distribute property without prior court approval, but fiduciary duties and record-keeping obligations still apply.

2. Ask for a written accounting (first and best step)

Before taking formal action, make a clear, written request for a full accounting of the estate. A proper accounting explains how the estate’s assets were converted to cash (if they were), what debts and expenses were paid, what fees were charged, how liabilities were allocated, and exactly how your payment was calculated.

What to ask for in writing:

• Itemized list of estate assets and values at administration.
• List of debts and claims paid, with amounts and recipients.
• All fees paid from the estate (attorney, accounting, appraisal, commissions).
• Copies of checks, bank statements, closing statements, and receipts showing distributions.
• The formula used to compute your share (e.g., pro rata share after debts and expenses, specific devise, etc.).
• Whether any assets were sold, transferred, or distributed in-kind rather than sold for cash.

3. If the personal representative does not respond or the explanation is inadequate

If the PR ignores your written request or provides an unsatisfactory explanation, your next options in Texas typically include:

1. Contacting the probate court clerk for basic procedural guidance (not legal advice). The clerk can tell you how the estate is being administered and whether an accounting has been filed with the court.
2. Filing a formal motion or petition in the probate court asking the court to compel the PR to file an accounting or to clarify distributions. You can ask the court to order the PR to produce documents and explain calculations.
3. Using discovery tools available in probate litigation (subpoenas for bank records, requests for production, depositions) to obtain supporting documentation.
4. Seeking relief for breach of fiduciary duty if you believe the PR misapplied estate assets. Texas probate courts can remove a PR, surcharge a PR (financially charge them for losses), and award attorney’s fees when appropriate.

4. Timing and practical considerations

Some estates are administered as “independent administration,” which can allow distributions without prior court approval. Even then, beneficiaries still can request and obtain accountings. In supervised administrations, accountings and final settlements are filed in court and are public. If the PR already made a distribution, courts can still order a constructive trust or surcharge if the distribution was improper.

5. Collect and preserve evidence

Keep copies of all communications with the PR. Save the check or EFT advice you received, any envelopes, and the correspondence that accompanied the payment. Collect proof of your entitlement (the will, beneficiary designation, or proof of heirship), any prior accountings or inventories you received, and any emails or messages that discuss distributions.

6. When to hire a probate attorney

If the PR refuses to provide an accounting, gives evasive answers, or the numbers don’t add up, consult a probate attorney. An attorney can:

• Draft and send a formal demand letter that is more likely to prompt a response.
• File a petition to compel an accounting or to surcharge/remove a PR if wrongdoing is suspected.
• Use discovery and court procedures to obtain bank records and other proof.
• Advise whether attorney fees may be paid from the estate in case of successful claims.

7. Key Texas public resources

• Texas statutes and full Estates Code (searchable): https://statutes.capitol.texas.gov/
• Texas Courts — probate information and court resources: https://www.txcourts.gov/programs-services/probate/

These resources can help you identify the local probate court procedures and the statutory provisions that govern fiduciary duties, accounting, and removal or surcharge of a personal representative.

Practical step-by-step checklist you can follow now

1. Send a written request to the personal representative asking for an itemized accounting and an explanation of how your payment was calculated. Send by certified mail and keep a copy.
2. Gather documentation: your copy of the will (if any), beneficiary information, copies of the payment you received, prior estate communications, and any receipts or proof of debts you know existed.
3. Contact the probate court clerk to learn whether the estate is supervised or independent and whether any accountings have been filed.
4. If you receive no adequate reply within a reasonable time (often 30 days), contact a probate attorney to discuss filing a petition to compel an accounting or other court action.
5. If you suspect theft or fraud, preserve all evidence and seek immediate legal advice — a court can order expedited relief in urgent cases.

Helpful hints

• Keep communications in writing. Written records are far stronger in court than oral claims.
• Be specific in your request. Ask for dates, amounts, payees, and supporting documents.
• Know whether the administration is independent or supervised — independent administration does not eliminate fiduciary duties, but it changes how and when the court is involved.
• Don’t cash a check if you intend to dispute the distribution. Cashing a check can complicate recovery options in some situations.
• Act promptly. Delay can make it harder to recover funds and to preserve evidence.
• Consider mediation before heavy litigation. Many probate disputes settle more quickly and cheaply with a neutral mediator.