Demanding an accounting from an executor

Estate beneficiaries often become upset with a lack of communications from an executor regarding the status of an estate. Often times they do not necessarily suspect wrong doing, but want to know the status of the assets and how the executor or administrator is handling the estate.

Section 404.001 of the Texas Estates Code provides a remedy:

(a)  At any time after the expiration of 15 months after the date that the court clerk first issues letters testamentary or of administration to any personal representative of an estate, any person interested in the estate may demand an accounting from the independent executor.  The independent executor shall furnish to the person or persons making the demand an exhibit in writing, sworn and subscribed by the independent executor, setting forth in detail:

(1)  the property belonging to the estate that has come into the executor's possession as executor;

(2)  the disposition that has been made of the property described by Subdivision (1);

(3)  the debts that have been paid;

(4)  the debts and expenses, if any, still owing by the estate;

(5)  the property of the estate, if any, still remaining in the executor's possession;

(6)  other facts as may be necessary to a full and definite understanding of the exact condition of the estate; and

(7)  the facts, if any, that show why the administration should not be closed and the estate distributed.

(a-1)  Any other interested person shall, on demand, be entitled to a copy of any exhibit or accounting that has been made by an independent executor in compliance with this section.

(b)  Should the independent executor not comply with a demand for an accounting authorized by this section within 60 days after receipt of the demand, the person making the demand may compel compliance by an action in the probate court.  After a hearing, the court shall enter an order requiring the accounting to be made at such time as it considers proper under the circumstances.

(c)  After an initial accounting has been given by an independent executor, any person interested in an estate may demand subsequent periodic accountings at intervals of not less than 12 months, and such subsequent demands may be enforced in the same manner as an initial demand.

(d)  The right to an accounting accorded by this section is cumulative of any other remedies which persons interested in an estate may have against the independent executor of the estate.

The right to obtain a formal accounting accrues 15 months after the court appoints the executor. But the executor always owes a common law fiduciary duty of disclosure to the beneficiaries.