Texas § ES.405.001 - ACCOUNTING AND DISTRIBUTION

§ ES.405.001. ACCOUNTING AND DISTRIBUTION

ACCOUNTING AND DISTRIBUTION. (a) In addition to or in lieu of the right to an accounting provided by Section 404.001 , at any time after the expiration of two years after the date the court clerk first issues letters testamentary or of administration to any personal representative of an estate, a person interested in the estate then subject to independent administration may petition the court for an accounting and distribution. The court may order an accounting to be made with the court by the independent executor at such time as the court considers proper. The accounting shall include the information that the court considers necessary to determine whether any part of the estate should be distributed. (b) On receipt of the accounting and, after notice to the independent executor and a hearing, unless the court finds a continued necessity for administration of the estate, the court shall order its distribution by the independent executor to the distributees entitled to the property. If the court finds there is a continued necessity for administration of the estate, the court shall order the distribution of any portion of the estate that the court finds should not be subject to further administration by the independent executor. If any portion of the estate that is ordered to be distributed is incapable of distribution without prior partition or sale, the court may: (1) order partition and distribution, or sale, in the manner provided for the partition and distribution of property incapable of division in supervised estates; or (2) order distribution of that portion of the estate incapable of distribution without prior partition or sale in undivided interests. (c) If all the property in the estate is ordered distributed by the court and the estate is fully administered, the court may also order the independent executor to file a final account with the court and may enter an order closing the administration, canceling the letters issued to the personal representative, and terminating the power of the personal representative to act as independent executor or independent administrator. Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198 ), Sec. 2.53, eff. January 1, 2014. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912 ), Sec. 58, eff. January 1, 2014. Acts 2025, 89th Leg., R.S., Ch. 818 (S.B. 1335 ), Sec. 5, eff. September 1, 2025.