Required Information and Duties of a Personal Representative Toward Heirs in Texas

Detailed Answer

When someone is appointed as a personal representative (PR) of an estate in Texas, the Estates Code imposes specific duties and disclosure requirements to protect the rights of heirs and beneficiaries. Below is an overview of the key obligations under Texas law.

1. Notice to Heirs and Beneficiaries

Within 10 days after the application for probate is filed, the PR must mail a written Notice of Application to:

• All heirs at law,
• All devisees named in the will,
• All beneficiaries of an olographic or nuncupative will.

This requirement is found in Tex. Est. Code § 256.101(a).
Tex. Est. Code § 256.101

2. Inventory, Appraisement and List of Claims

The PR must file an inventory, appraisement, and list of claims with the court within 90 days after appointment. This document shows:

• All known estate assets and their values,
• All known debts and claims against the estate.

Heirs and beneficiaries are entitled to receive a copy upon request.
Tex. Est. Code § 258.001

3. Periodic and Final Accountings

Unless waived by beneficiaries, the PR must file a written accounting showing receipts, expenditures and distributions. This can occur:

• Annually, if the estate remains open beyond one year, or
• As a final accounting before closing the estate.

This obligation is found in Tex. Est. Code §§ 402.001–402.005.
Tex. Est. Code § 402.001

4. Duty of Loyalty and Impartiality

The PR must administer the estate in the best interest of all heirs and beneficiaries. They must avoid conflicts of interest, not favor one beneficiary over another, and follow the precise terms of the will and state law. (Tex. Est. Code § 361.001.)

5. Distribution of Assets

After paying debts, taxes, and expenses, the PR must distribute assets according to the will or, if no valid will exists, under Texas’s intestacy rules (Tex. Est. Code §§ 201–205). Heirs have a right to information about how and when distributions will occur.

Helpful Hints

• Track all correspondence and keep copies of notices sent to heirs.
• Obtain receipts for every estate expenditure.
• Provide clear, periodic updates to heirs to reduce disputes.
• Consult with a probate attorney if conflicts arise or duties seem unclear.
• File all required documents on time to avoid court sanctions.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.