Can You Challenge a Probate Accounting in Texas More Than a Year After Court Approval?

Short answer: Possibly, but your options narrow sharply after the court approves a final accounting. Texas law gives short windows for appeals and post‑judgment motions. If those windows have closed, you may still have an equitable remedy (commonly called a bill of review) or other limited avenues, but those require specific facts (for example, fraud or conduct that prevented you from defending earlier) and can be difficult to win.

Detailed answer — How the process works in Texas

This section explains the common procedural paths people use to challenge an approved estate accounting in Texas. It assumes a typical probate administration where the personal representative (executor/administrator) filed an accounting and the court entered an order approving it.

1) Time-sensitive remedies: appeal and motions for new trial

If the court recently approved the accounting, the primary ways to challenge the approval are:

• File a motion for new trial or a motion to sign a corrected order in the underlying probate case (deadlines are short — generally measured in days or weeks after the order). See the Texas Rules of Civil Procedure for post‑judgment motion timing: Texas Rules of Civil Procedure.
• File a notice of appeal to the appropriate appellate court if the order is appealable — appeals also have strict deadlines. See the Texas Rules of Appellate Procedure for timing and procedure: Texas Rules of Appellate Procedure.

These remedies are normally only available if you act quickly after the court signs the order approving the accounting. If you miss those deadlines, the court will usually lose plenary power and the order becomes final and enforceable.

2) When more than a year has passed: equitable bill of review and other limited options

If more than a year has passed since the court approved the accounting, direct appeals and routine post‑judgment motions are almost certainly no longer available. The most common way to seek relief after that time is a bill of review — an equitable lawsuit asking the court to set aside a final judgment or order because one of a narrow set of circumstances prevented a proper defense or appeal:

• Fraud, accident, or wrongful act by the opposing party that prevented you from presenting a defense in the original proceedings.
• Official mistake or clerical error by the court that caused the judgment to be entered incorrectly.
• In many instances, a bill of review also requires that you have a viable, meritorious defense to the original claim or judgment (i.e., you must show that, if the case were reopened, you would likely prevail on the merits).

In probate contexts, courts sometimes allow bills of review when a beneficiary or interested person was fraudulently misled or prevented from appearing at the probate hearing (for example, if someone intentionally concealed notice of the hearing). A bill of review is an extraordinary remedy and courts scrutinize them closely.

Helpful overviews of bills of review and how they work in Texas are available for lay readers (examples): TexasLawHelp — Bill of Review.

3) Other possible routes depending on the facts

• If you believe the personal representative committed wrongdoing (self‑dealing, misappropriation, breach of fiduciary duty), the court may allow a separate probate‑based petition to surcharge (seek money damages from) or remove the personal representative. These claims can sometimes be brought even after an account is approved, but courts will consider finality and the presence of notice or fraud.
• If the approved accounting omitted assets discovered later, you can often ask the probate court to supplement the administration or reopen the estate to account for newly discovered assets — especially if the omission was not previously known.
• If criminal conduct (theft, embezzlement) is involved, a separate criminal complaint to law enforcement may be appropriate and can sometimes prompt civil or probate follow‑up.

4) Practical requirements and typical proof

To succeed after the usual appeal window has closed, you generally must:

1. Show clear factual proof of fraud, deception, or some barrier that kept you from litigating earlier.
2. Show a meritorious defense — evidence that you would have won or substantially affected the outcome had you been able to participate.
3. Act diligently once you learn of the issue. Courts expect promptness after discovery of the problem.

5) What courts and rules to consult

Relevant authorities and rules typically include the Texas probate statutes and the Texas civil and appellate procedure rules. For general statutory material, start at the Texas statutes site: Texas Statutes (Capitol Website). For procedure rules, see:

• Texas Rules of Civil Procedure
• Texas Rules of Appellate Procedure

Typical timeline example (hypothetical)

Hypothetical facts: The court approved a final account on March 1, 2022. A beneficiary discovers in August 2024 that the personal representative failed to include a bank account and concealed transfers.

Possible steps under Texas law:

1. Determine whether an appeal or motion for new trial could still be filed (unlikely after two years).
2. Gather evidence of concealment or fraud (bank records, emails, witness statements).
3. Consult a probate litigator immediately about filing a bill of review or a petition to reopen the probate for surcharge/removal of the representative.
4. Consider parallel criminal referral if theft appears likely.

How a judge evaluates a late challenge

Judges balance the need for finality in court orders against fairness when someone was prevented from participating through no fault of their own. A successful late challenge typically requires persuasive evidence that the failure to act earlier was caused by another party’s wrongful conduct and that justice requires reopening the matter.

Helpful Hints

• Act quickly once you learn about a problem. The sooner you consult an attorney, the more remedies may be available.
• Preserve all documents and communications related to the estate: bank statements, emails, account ledgers, and notices you received (or did not receive).
• Check the probate court docket and signed orders to confirm the dates that start any appeal or post‑judgment timelines.
• Consult a probate litigator experienced in estates litigation. These cases hinge on procedure and evidence; an attorney can evaluate whether a bill of review or another path might work given your facts.
• If you suspect criminal conduct, consider reporting it — sometimes criminal investigation uncovers evidence useful to a civil/probate case.
• Don’t rely on informal promises to correct accounting errors. If the court has already approved an accounting, only court action can reopen the administration.

Disclaimer: This article explains general Texas probate procedure and is for educational purposes only. It is not legal advice. Laws and court rules change, and every case turns on its facts. Consult a licensed Texas probate attorney to evaluate remedies available in your specific situation.