Detailed Answer
Under Texas law, a beneficiary’s right to their share vests the moment the decedent dies. See Texas Estates Code §301.002. The personal representative (often called the administrator) holds a fiduciary duty to gather assets, pay lawful debts, and distribute the remainder to beneficiaries. If the administrator delays or refuses distribution, you can take several legal steps to compel payment.
Key Legal Steps
- Request a Formal Accounting: Texas Estates Code requires the administrator to file an inventory and account. You may file a petition asking the court to order the administrator to produce records. This helps you verify estate assets and debts.
- File an Application for Distribution: If the estate has enough assets to cover debts and expenses, you can file an application under Chapter 358 of the Texas Estates Code. The court can then issue an order directing the administrator to pay your share.
- Move to Remove the Administrator: For serious misconduct or breach of duty, file a petition under Texas Estates Code §404.001. Removal can speed distribution by replacing the administrator with a more diligent fiduciary.
- Pursue a Breach of Fiduciary Duty Claim: If the administrator wrongfully withholds property or mismanages assets, you may sue for breach of fiduciary duty under §355.351. The court can award damages and compel distribution.
- Seek Court Enforcement: After obtaining an order, if the administrator still refuses, you may ask the court to hold them in contempt or impose sanctions until they comply.
Helpful Hints
- Keep copies of all correspondence and court filings.
- Review deadlines: Texas law imposes time limits for filing petitions.
- Speak with a probate attorney early to understand fees and costs.
- Request mediation to resolve minor disputes without litigation.
- Verify if estate debts are fully settled before demanding distribution.
- Confirm beneficiary designations match the will or probate documents.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.