What to do if you received no notice and a sibling filed a final accounting in a Texas probate

Disclaimer: This is educational information only and is not legal advice. You should consult a licensed Texas probate attorney about your specific situation.

Quick overview — your rights and why notice matters

When someone administers a parent’s estate in Texas, the court and the administrator must follow rules that protect heirs and beneficiaries. Notice gives heirs and beneficiaries a chance to review filings, object to actions, and ask the court for relief. If you never received required notice and a final accounting or closing report has been filed and approved, you may still have options to challenge the accounting or reopen the estate. Time limits and procedures can be strict, so act promptly.

Step-by-step actions to take now

1. Get the probate case file and all filings. Go to the county clerk’s office where your parent’s probate was filed. Request a copy of the docket sheet, the will (if any), letters testamentary or letters of administration, all accountings, the final accounting, and any orders approving the accounting. Many county clerks post dockets online.
2. Confirm whether you were entitled to notice. Identify whether you are listed as an heir or beneficiary in the will or in the court file. If you are an heir at law or a named beneficiary, you typically have a right to notice and to object. If you are not listed, the administrator still generally must attempt to notify heirs. Whether notice was legally required depends on how the estate was administered (independent vs. dependent administration) and what the Texas Estates Code requires in that situation.
3. Look for proof of notice in the record. Many notices are documented by an affidavit of service or a return of mail filed in the court file. If there is no proof that you were served or mailed a notice, that fact can support a challenge.
4. Carefully review the final accounting for problems. Common defects include missing assets, unexplained distributions, excessive administrator or attorney fees, self-dealing by the administrator, failure to pay debts, or mathematical errors. Make notes and collect any documents (bank statements, deeds, correspondence) you have that contradict the accounting.
5. Preserve evidence and communications. Save emails, letters, text messages, and any other communications about the estate. If you believe your sibling concealed notices or receipts, document that now.
6. Contact a Texas probate attorney immediately. Probate litigation has procedural deadlines and complex rules. An experienced attorney can evaluate whether you received required notice, whether the filing and order can be set aside, and what relief to seek (reopening the estate, surcharge or recovery, removal of the administrator, or a new accounting).

Possible legal grounds to challenge the final accounting

Depending on the facts, one or more of the following grounds may support a challenge in Texas:

• Lack of required notice. If the administrator failed to provide legally required notice to heirs or beneficiaries, you can ask the court to set aside the final accounting or reopen the estate so you can inspect records and object.
• Fraud, concealment, or misrepresentation. If the administrator hid assets or misrepresented transactions, the court can set aside distributions and order restitution.
• Breach of fiduciary duty. Administrators and executors owe fiduciary duties. Self-dealing, conflicts of interest, or unreasonable fees can lead to surcharge (monetary liability) and removal.
• Insufficient or inaccurate accounting. Missing supporting documentation or math errors can support rejection of a final account and a court-ordered corrected accounting.
• Procedural defects. If statutory procedures for independent or dependent administration were not followed, the court may have the power to undo approvals and require proper process.

Relief the court can grant in Texas

The probate court has broad equitable powers. If you prevail, the court can:

• vacate the order approving the final accounting,
• require a supplemental or corrected accounting,
• order repayment or surcharge against the administrator,
• remove and replace the administrator or executor, and
• order other relief necessary to make beneficiaries and heirs whole.

Timing and urgency

Texas probate matters often have short deadlines for contests and appeals. Even if a final accounting was approved, courts sometimes permit reopening for fraud, lack of notice, or other equitable grounds, but you must act quickly to preserve rights and evidence. Seek counsel immediately to avoid losing claims through delay.

Where to find official Texas probate information and statutes

Use these official resources to research basic probate rules and local procedures:

• Texas Estates Code and searchable Texas statutes: https://statutes.capitol.texas.gov
• Texas Judicial Branch — Probate information and resources: https://www.txcourts.gov/programs-services/probate/
• TexasLawHelp — practical guides on probate and estate administration: https://texaslawhelp.org/article/probate-and-estate-administration

Helpful hints — practical tips for moving forward

• Act fast. Time limits can bar claims if you delay.
• Obtain certified copies of key filings at the county clerk’s office.
• Do not sign waivers or releases without legal review.
• Keep a written timeline of events and who gave or failed to give notice.
• Ask the court clerk whether hearings on the final accounting are recorded and how to request transcripts.
• If the estate was administered independently, understand that independent administration can limit court oversight unless someone asks the court to intervene.
• Consider mediation if the estate assets are limited and family relationships matter; mediation can be faster and less expensive than full litigation.

Next step

Gather the probate docket, the final accounting, any letters or notices you received (or didn’t receive), and any records you have about estate assets. Bring these to a Texas probate attorney for a case-specific review. A lawyer can tell you whether you have grounds to reopen the estate, what relief to seek, and the deadlines you must meet.

Remember: This information is general and educational. Only a licensed attorney who reviews the court file and facts can provide legal advice tailored to your case.