It sometimes happens that a dispute arises between the executor or administrator of an estate and the beneficiaries. In that case the law provides certain remedies which may differ depending on whether or not the administration is independent or dependent.
Requesting an Accounting in an Independent Administration
In an independent administration a person interested in an estate may after 15 months from the issuance of letters testamentary or administration demand an account from the executor or administrator.
What the Accounting Must Include
The accounting should detail:
- Property received and its disposition
- Debts paid and outstanding
- Remaining estate assets
- Necessary information for understanding the estate’s condition
- Reasons, if any, the estate should not yet be closed
Filing for Accounting and Distribution After Two Years
After two years from the issuance of letters testamentary or of administration a person interested in an estate may file for an accounting and distribution of the estate.
Court-Ordered Bond Requirements
Another remedy is for the Court to require a bond. In most independent administrations, bond has been waived. However if the independent executor is mismanaging the property, or has betrayed or is about to betray his trust the Court can require him or her to post a bond to protect the beneficiaries or creditors of the estate.
An independent executor can be removed from office without notice if the executor’s whereabouts are unknown or if there are sufficient grounds to believe that he has misapplied or embezzled or is about to misapply or embezzle property of the estate.
Grounds for Removing an Independent Executor With Notice
An independent executor can be removed from office with notice if he or she:
- Fails to qualify by taking the oath of office and filing any required bond.
- Fails to file any required inventory.
- Fails to file the affidavit that beneficiaries have been notified.
- Fails to make a required accounting.
- Is guilty of gross misconduct or gross mismanagement.
- Becomes an incapacitated person, is sentenced to the penitentiary or is otherwise legally incapacitated from performing his duties.
- Or becomes incapable of performing his duties due to a material conflict of interest.
Dependent Administration Disputes
Similar rules apply in dependent administrations.
Work With Experienced Texas Probate Attorneys
Disputes during the administration of an estate can be stressful and legally complex, especially when beneficiaries feel left in the dark or believe the executor is not fulfilling their duties. Whether you’re an heir seeking transparency or a personal representative facing accusations or challenges, the probate attorneys at Hammerle Morris Law Firm are here to help. We have extensive experience resolving estate administration disputes and protecting our clients’ rights. Contact us today to schedule a consultation and get trusted legal guidance tailored to your situation.
Hammerle Morris Law Firm has represented clients for more than 40 years inside and outside the courtroom. We provide effective, strategic, and cost-effective legal counsel so that our clients can focus on what matters most to them.
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