Short answer (lay summary): If unauthorized charges or withdrawals appear on your parent’s estate accounts, Texas probate law gives heirs and interested persons several tools: review the executor’s inventory and accounting, object to improper claims or charges, ask the probate court to remove or surcharge a personal representative for breach of fiduciary duty, and, when appropriate, pursue civil recovery or criminal referral for theft or conversion. Acting quickly, preserving evidence, and getting a probate attorney involved are critical.

Detailed Answer

This section explains, step-by-step, how the probate system in Texas typically deals with unauthorized charges to a decedent’s estate, what legal concepts apply, and what actions beneficiaries or interested persons can take.

1. Who is handling the estate and why that matters

When a person dies, a court typically appoints a personal representative (often called an executor or administrator). That person has a fiduciary duty to collect estate assets, pay valid debts and expenses, and distribute remaining assets to heirs or beneficiaries. Texas recognizes both dependent and independent administrations; an independent administrator usually operates with less ongoing court supervision but still owes the same basic duties to the estate and its beneficiaries. See Texas Estates Code, Independent Administration (for overview): https://statutes.capitol.texas.gov/Docs/ES/htm/ES.401.htm.

2. Typical probate controls and reporting that help detect unauthorized charges

Personal representatives must gather assets and usually must file an inventory or accounting with the probate court or make it available to interested persons. Those records show receipts, disbursements, and liabilities. If you suspect unauthorized charges, demand (in writing) copies of the inventory, bank statements, and accountings. Many Texas statutes and local rules govern inventories and accountings; see guidance on inventories and claims: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.309.htm and claims against estates: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.355.htm.

3. If charges are unauthorized: immediate practical steps

1. Preserve evidence: copy bank statements, canceled checks, credit-card statements, receipts, emails and texts.
2. Request formal accounting from the personal representative in writing. Many disputes resolve once accurate records are produced.
3. Notify the personal representative in writing about the suspected unauthorized charges and request an explanation and return of funds if appropriate.
4. Contact the probate court clerk to learn how to file an objection or demand an accounting in that court.
5. Talk to a probate attorney experienced in Texas estate litigation. They can advise on emergency steps (for example, motions to freeze assets or appointment of a special administrator).

4. Formal legal remedies in probate

If the personal representative fails to resolve the issue voluntarily, Texas law provides several remedies inside the probate process:

• Object to the accounting or to a creditor claim: If the representative lists payments as valid debts or expenses, beneficiaries can file written objections and request hearings.
• Demand a full accounting / file a motion to compel an accounting: The probate court can order a detailed accounting and supporting documents.
• Seek surcharge or removal: If the representative breached fiduciary duties (misused estate funds, paid improper charges, or failed to safeguard assets), the court can surcharge (require repayment plus interest), penalize, or remove the representative. See rules on grounds for removal in the Estates Code: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.307.htm.
• Request appointment of a special administrator: In urgent cases the court can appoint a special administrator to preserve assets while disputes are resolved.

5. Civil and criminal causes of action outside or alongside probate

Unauthorized charges may also be actionable outside the probate docket:

• Breach of fiduciary duty / conversion / unjust enrichment: Beneficiaries can sue the representative in civil court to recover misapplied funds.
• Imposition of a constructive trust: If someone improperly took estate property, a court can impose a constructive trust to return assets to the estate.
• Criminal referral: If the acts amount to theft, the beneficiaries or the executor (or the county attorney) can refer matters to law enforcement for criminal investigation. See Texas Penal Code on theft and related offenses: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.31.htm.

6. Timing and deadlines to watch

Probate matters are subject to deadlines—some statutory, some procedural. Prompt action preserves rights: objections and civil claims can become harder to pursue if delayed. For example, delays may affect ability to surcharge or to challenge certain accounting entries. For creditor claims and other specific deadlines, consult the Estates Code provisions that govern notice and claims. See Texas Estates Code: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.355.htm (claims against estates).

7. What a probate attorney can do for you

An attorney can:

• Explain whether an accounting exists and what it must include;
• Draft demand letters to the personal representative;
• File objections, motions for accounting, or petitions to remove or surcharge;
• Seek temporary orders to freeze or protect estate assets; and
• Coordinate civil claims or criminal referrals if the facts support them.

Helpful Hints

• Act quickly. Preserve bank records, statements, cancelled checks and communications (emails, texts, receipts).
• Put requests for accountings and explanations in writing and keep copies of all correspondence.
• Don’t assume an independent administrator has unlimited powers. Even independent administrators must account to interested persons and can be held liable for misuse.
• Ask the probate clerk how to file an objection or request a hearing; local rules can affect procedures and deadlines.
• If the sums involved are small, ask whether simpler alternatives (mediation or settlement) might be appropriate.
• Consider an attorney early: they can often obtain documents and court protection faster than an unrepresented heir.
• Remember criminal remedies may be available, but the remedies and burdens differ from civil probate actions—consult both probate counsel and, where appropriate, law enforcement.