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Texas Probate - Does the Independent Executor have to make Annual report to court at 12 Months?

Richmond, TX |

by report I mean an accurate accounting of all assets. Also must the Independent Executor report to the court after selling House and Real Estate?
thank you very much

Attorney Answers 4

Posted

No, neither of these things is required of an independent executor. The obligations that you've just described are precisely what a dependent administrator must do. These court-supervised administrations are very different from their independent counterparts.

If you are looking for information (including an accounting) from an independent executor, you will likely find yourself waiting until 15 months after the date that Letters Testamentary are granted. Beyond this time, however, you will also find that interested persons may have several remedies to compel the production of information from even an independent executor.

This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make no attempt to opine on matters of law that are not relevant to Texas. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship.

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Posted

I agree with the prior answer. Within 90 days of appointment the Independent Executor has to file an accounting or affidavit in lieu (if the estate qualifies). If you take issue with the assets on the Inventory, you can object. You should hire your own attorney to do this. Do not wait around. The longer you wait, the harder it gets to track down assets, plus any applicable statute of limitations.

If you are interested in the estate, and you just want clarification or have questions regarding the administration, you may be able to get information by contacting the Independent Executor's counsel, however it is best to get your own attorne, especially if you suspect something awry in the estate.

Good Luck!
Jessica Newill
Newill Law Firm

This answer contains general information. None of the information contained in this communication is intended as legal advice. You should neither act nor refrain from acting based on information obtained from the exchange of messages on this website. None of the information contained in this answer is privileged or confidential. You should retain an attorney to provide legal advice regarding this issue. Newill Law Firm provides estate planning and probate services. Call (210) 383-0546 for a FREE initial consultation.

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Posted

No no need for an annual report. You may be thinking a a dependent executor who would have to prepare annual accountings. The independent on the other hand, would have to file an Inventory, Appraisement and List of claims within 90 days. Keep in mind, as a fiduciary one of the duties of the independent executor is to keep you informed. Additionally, as to the sale of real property, the Will may give the independent executor the right to sell real property. Also depending on which court and which title company is used can play a factor. Good Luck.

Responses on this website are not intended to constitute legal advice or the provision of legal services. By posting the Berlinger Law Firm, PLLC does not intend to solicit legal business from clients located in Texas or in states or jurisdictions where the Berlinger Law Firm, PLLC or its individual attorneys are not licensed or authorized to practice law.

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Posted

I agree withe the other lawyers who have answered.

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