Order to Account Not Appealable
An Accounting under Section 149A of the Probate Code can help bring some transparency to the probate administration process for beneficiaries that may not have been kept informed of the progress of the administration. In an Accounting, the Executor is required to document the initial assets that he received, the current assets on hand, and all of the transactions that took place in between. If you are going to pursue an Accounting your Harris County Probate Attorney will need to make a good case to the probate court because you may not be able to appeal the decision if the judge denies your request for an Accounting.
An Appellate Court recently ruled that an order concerning an Accounting is not appealable, whatever the trial court rules goes. This is for two reasons: (1) no statute declares such an order to be final and (2) the order is not part of any proceeding other than the overall independent administration of a probate estate. Get it right the first time. Speak with a Harris County Probate Attorney if you need help with a probate matter today.
When You Can Not Remove an Independent Executor
The case of Kappus v. Kappus demonstrates how hoping for the best is not always the best strategy. In the Kappus case, the decedent’s ex-wife and mother of one of the beneficiaries, attempted to remove an independent executor due to a conflict of interest.
The Texas Supreme Court reviewed the case and ruled
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When You Can Remove an Independent Executor
Not every probate estate administration in the Harris County Probate Court is completed smoothly. Occasionally a beneficiary or heir of the estate may have concerns about the conduct of the Executor. Intentionally or unintentionally, sometimes an Executor fails to live up to their legal obligations as the fiduciary of an estate. The most common method of dealing with an Independent Executor that is acting improperly is to petition the Harris County Probate Court for their removal.
The law describes the specific criteria for when the Harris County Probate Court is authorized to remove a duly appointed independent executor. The Harris County Probate Court may remove an independent executor when:
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