Detailed Answer — What heirs can do if a Texas estate administrator is unresponsive or refuses to distribute assets

Short answer: In Texas, heirs or beneficiaries can (1) demand an accounting in writing, (2) ask the probate court to compel the personal representative to act or to remove them, (3) seek appointment of a successor or temporary administrator, (4) ask the court to surcharge (hold the administrator financially responsible) for losses, and (5) pursue contempt or criminal referral if there is theft. Your first step should be formal written demands and checking the probate case file; the ultimate remedies are provided by the probate court.

How administration normally works in Texas (brief background)

When someone dies and their estate goes through probate, the court appoints a personal representative (called an executor or administrator). That person must gather estate assets, protect them, file inventories and accountings, pay debts and taxes, and distribute remaining assets to heirs or beneficiaries according to the will or Texas intestacy rules. The personal representative owes duties of loyalty and prudence to the estate and beneficiaries.

Step-by-step options for heirs and beneficiaries

1) Start with a written demand

Send a clear, dated written demand to the administrator asking for:

• a copy of letters testamentary or letters of administration (proof of authority);
• the inventory and appraisement and any subsequent accountings;
• a statement of assets, distributions made, and a proposed plan and timetable for distribution.

Keep proof of delivery (certified mail or signed receipt). A written demand preserves your ability to show the court you asked before taking formal steps.

2) Check the probate court file and records

Visit or contact the county probate or district court clerk where the estate was opened. Review the filed inventory, accountings, motions, and orders. That tells you whether the administrator has filed required papers or requested extensions.

3) Ask the court to compel action or an accounting

If the administrator ignores written demands, you can file a motion with the probate court asking it to compel the representative to file an inventory, account, or to take other necessary steps. Courts can order the representative to perform duties and to produce documents. See the Texas Estates Code for procedures governing administration (official statutes and court procedures vary by county).

General information about the Texas Estates Code is available from the Texas statutes site: https://statutes.capitol.texas.gov/. Look under the Estates Code chapters on personal representatives and administration for statutory duties and filings.

4) Petition for removal of the personal representative

If the administrator is unresponsive, refuses to distribute assets, mismanages property, is insolvent, incompetent, or otherwise fails to perform duties, beneficiaries can petition the probate court to remove the personal representative and appoint a successor. Grounds commonly include neglect, refusal to perform duties, failure to account, conflict of interest, or misappropriation.

The court will schedule a hearing where the petitioner must show cause for removal. If removal is granted, the court will appoint a successor administrator or issue orders directing how assets should be handled pending new appointment.

5) Ask for temporary or substitute administration

If quick action is needed (assets at risk, bills overdue), ask the court to appoint a temporary administrator or substitute personal representative while the removal process proceeds. Emergency appointments help preserve estate property and allow distributions to move forward.

6) Seek surcharge and accounting remedies

When the administrator has caused loss to the estate by negligence or misappropriation, heirs can seek a surcharge — a court order holding the representative personally liable for the loss. The court can also require a full accounting, audit, and restoration of missing assets.

7) Contempt or criminal referral (when there’s willful disobedience or theft)

If the administrator defies court orders, the court can hold the person in contempt and impose sanctions. If assets have been stolen or embezzled, you can request a criminal referral to the district attorney or file a police report — criminal prosecution is separate from the probate remedies.

Practical steps to take right away

• Document all communications with the administrator.
• Gather probate case numbers and copies of any filings (petition for probate, letters testamentary, inventory or accountings).
• Send a formal written demand by certified mail for an accounting and distribution timetable.
• Contact the probate court clerk to learn upcoming deadlines and what filings exist.
• If the estate is significant or assets are missing, consult a probate attorney to evaluate filing a removal petition or surcharge suit.

Timing and deadlines

Statutory deadlines can affect rights in an estate — for example, deadlines for filing claims against the estate or contesting a will. Don’t delay in taking action if distributions are overdue or assets appear missing. Check the case file and consult an attorney about applicable timelines in your county.

How the court usually decides

Probate judges balance protecting the estate against unnecessarily disrupting administration. If the administrator has a reasonable plan and is making progress, the court may be reluctant to remove them. But if the administrator is noncommunicative, refuses court orders, or causes harm to the estate, judges commonly remove or surcharge the representative and appoint a competent successor.

Helpful Hints

• Begin with a written demand before filing anything in court — courts like to see you attempted informal resolution.
• Keep copies of everything: letters, emails, certified-mail receipts, and court filings.
• Review the probate docket at the county clerk’s office to see what has been filed and ordered.
• Be specific in your demand: list the assets you know about, ask for inventory and accountings, and request a proposed distribution schedule with dates.
• If the administrator is simply slow but cooperative, consider mediation or a settlement before seeking removal — it can save time and money.
• If theft or fraud is suspected, preserve evidence and consult both a probate attorney and law enforcement.
• Expect litigation to cost time and money; weigh the value at stake vs. the expense of court proceedings.

Where to look for Texas statutes and local rules

Texas statutes (including the Estates Code) are available at the Texas Legislature’s website: https://statutes.capitol.texas.gov/. For county-specific procedures, contact the local probate or district court clerk where the estate is administered.

Disclaimer: This article is educational and informational only. It does not constitute legal advice, an attorney-client relationship, or a substitute for consulting a licensed Texas attorney about the specific facts of your case.