Detailed Answer
Under Texas law, a personal representative must file a final accounting before closing an estate. By default, the final accounting is due at the time the representative applies for discharge. See Tex. Est. Code § 405.104. If you cannot meet that deadline, you can ask the probate court to extend the time to file.
Here’s how to request an extension:
- Review the court’s local rules. Some Texas counties have specific forms or deadlines for extension motions. Check the probate court’s website or clerk’s office.
- Prepare a Motion to Extend Time to File Final Accounting. In your motion, include:
- Your name and role as personal representative.
- The estate name and cause number.
- The current accounting deadline.
- Specific reasons for your request (e.g., additional time needed to gather appraisals, resolve outstanding claims, or locate missing beneficiaries).
- The length of extension you seek (commonly 30 or 60 days).
- A certificate of service showing you notified all interested parties.
- File and serve the motion. File your motion with the clerk of the probate court where the estate is pending. Serve copies on all heirs, devisees, creditors, and any interested parties.
- Attend a hearing if required. Some courts automatically grant extensions, while others require a hearing. If the judge schedules a hearing, be prepared to explain why extra time is necessary and how you will complete the accounting within the extended period.
- Obtain a signed order. The judge will sign an order granting or denying your motion. Retain a file-stamped copy. The new deadline to file the final accounting will appear in that order.
If the court denies your request, you must file the final accounting by the original deadline or risk removal as personal representative, imposition of fees, or other sanctions. Always act promptly.
Disclaimer: This article provides general information about Texas probate procedures and is not legal advice. Consult a qualified probate attorney to discuss your situation.
Helpful Hints
- Start gathering financial records and receipts early to avoid last-minute delays.
- Communicate with heirs and creditors to resolve objections before filing.
- Check for outstanding tax returns or liens that may affect your accounting.
- Keep detailed notes on all estate transactions to simplify the accounting process.
- Consider hiring a probate paralegal or attorney if the estate involves complex assets.