Texas Probate Code - Section 149A. Accounting
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§ 149A. ACCOUNTING. (a) Interested Person May Demand
Accounting. At any time after the expiration of fifteen months from
the date that an independent administration was created and the
order appointing an independent executor was entered by the county
court, any person interested in the estate may demand an accounting
from the independent executor. The independent executor shall
thereupon 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 which has come into
his hands as executor.
2. The disposition that has been made of such property.
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 his
hands.
6. Such other facts as may be necessary to a full and definite
understanding of the exact condition of the estate.
7. Such facts, if any, that show why the administration
should not be closed and the estate distributed.
Any other interested person shall, upon 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) Enforcement of Demand. Should the independent executor
not comply with a demand for an accounting authorized by this
section within sixty days after receipt of the demand, the person
making the demand may compel compliance by an action in the county
court, as that term is defined by Section 3 of this code. After a
hearing, the court shall enter an order requiring the accounting to
be made at such time as it deems proper under the circumstances.
(c) Subsequent Demands. 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 twelve months, and such subsequent demands may be
enforced in the same manner as an initial demand.
(d) Remedies Cumulative. 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 thereof.
Added by Acts 1971, 62nd Leg., p. 980, ch. 173, § 10, eff. Jan. 1,
1972. Amended by Acts 1973, 63rd Leg., p. 412, ch. 184, § 1, eff.
May 25, 1973; Acts 1977, 65th Leg., p. 1065, ch. 390, § 6, eff.
Sept. 1, 1977; Acts 1999, 76th Leg., ch. 855, § 3, eff. Sept. 1,
1999.
Section: 142 143 145 146 147 148 149 149A 149B 149C 149D 149E 149F 149G 150
Last modified: August 10, 2007
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