Detailed Answer
In Texas probate, a personal representative (PR) must file an inventory and appraisement with the court within 90 days of appointment. See Texas Estates Code § 402.051 (https://statutes.capitol.texas.gov/Docs/ES/htm/ES.402.htm#402.051). After that, the PR must prepare a final account showing all receipts, disbursements and distributions before closing the estate. There is no statutory requirement that the PR automatically mail every accounting to heirs or beneficiaries unless the court orders it.
However, Texas law explicitly grants interested persons a right to see and obtain copies of any report or account filed in the estate. Under Texas Estates Code § 404.004, “an interested person is entitled to receive from the personal representative, the clerk, or another interested person a copy of each report and account on request.” Link: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.404.htm#404.004.
To get a copy of the accounting:
- Identify yourself as an interested person (e.g., heir, beneficiary, creditor).
- Send a written request to the PR or the probate clerk referencing the estate cause number.
- If the PR does not comply, you may file a motion to compel production or exceptions to the account under Texas Estates Code Chapter 404.
Helpful Hints
- “Interested person” includes heirs, devisees, beneficiaries and creditors. Confirm your status in the letters testamentary or letters of administration.
- Keep track of deadlines: you generally have 20 days to contest an account after notice of filing.
- Check the court’s online portal or visit the clerk’s office; accounts filed in probate are public records.
- If the PR refuses to provide documents, a simple motion to compel or deposit for costs may prompt compliance.
- Consider consulting a probate attorney if you face resistance or complex accounting issues.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified probate attorney to discuss your specific situation.