If you are either a beneficiary or a possible beneficiary of a decedent’s estate, and if you have questions about that estate, it is only right that you are provided the answers you need. Sometimes, estate executors can be hesitant to provide information, and if you suspect negligence or wrongdoing, time is of the essence. Fortunately, in Texas, there is a way to demand an accounting (or a summary) of the estate happenings from the executor that is in charge of the estate.
Section 404.001 of the Texas Estates Code
In the Texas Estates Code, legislators provided a clear solution to the problem of not having enough information from an estate’s executor. According to this section of the Code, any interested parties in an estate have the right to demand an accounting from the executor. These interested parties could be beneficiaries, possible beneficiaries, debtors, or creditors.
This provision of the Code can be used as long as 15 months have passed since the estate executor was appointed. Once an individual asks for the accounting under this section of the Code, the executor has 60 days to comply and provide the individual with the relevant documentation.
This documentation must give an overall summary of the estate as it currently exists; the executor must include details such as the estate’s property, debts, expenses, and current status. If the executor refuses to provide this information, the party can file a petition in probate court, and the court has the authority to impose consequences if the executor continues to fail to provide the accounting.
This provision is helpful because it provides a clear avenue for those who are in need of information about a loved one’s estate. However, if you suspect negligence or wrongdoing on the part of an estate executor, further action might be necessary. If you think you might be in this position, speak with an estate planning attorney that can walk you through what options might be available to you and your loved ones. After all, the primary goal of estate planning is to ensure peace of mind for years to come–the last thing anyone wants is a surprise during what is already undoubtedly a difficult time.
Are You in Need of an Estate Planning Attorney in Texas?
At McCulloch & Miller, our clients come to us with all of their estate planning and probate questions, no matter how big or small. Our team has long been trusted in the Houston community as a group of experience-based attorneys that get our clients the results they need. We care deeply about our clients, and we pride ourselves on providing them with high quality and holistic legal services. For a consultation with a member of our team, give us a call today at (713) 903-7879. You can also fill out our online form to tell us about your case and have an attorney reach back out to you.