How to Demand an Estate Accounting From a Tarrant County Executor — and What Happens If They Refuse

Heirs and beneficiaries in Tarrant County often feel left in the dark when an executor goes quiet, stops returning calls, or simply refuses to share information about the estate. This lack of communication can cause significant stress, especially when you are trying to protect your inheritance. Texas law gives you a concrete legal tool to address that problem: a formal accounting demand under Texas Estates Code Section 404.001. Fort Worth Probate Attorney Kyle Robbins explains what Tarrant County families should know about demanding an estate accounting from a Tarrant County executor and what to do when the executor refuses to cooperate.

Key Takeaways

• The 15-month rule is your starting point: Under Tex. Est. Code §404.001, you cannot demand an initial accounting from an independent executor until 15 months have passed since letters testamentary were issued by the Tarrant County Clerk.
• The executor has 60 days to respond: After a valid written demand is served, the executor must produce a sworn, written accounting within 60 days or face court action.
• Standing matters before you demand: Only an “interested person” under Tex. Est. Code §22.018 has the legal right to make a formal accounting demand, meaning not every family member automatically qualifies.
• Refusal has real consequences: A Tarrant County Probate Court can compel the accounting, surcharge the executor for losses, or remove them from their role entirely.
• Dependent administration is different: If the estate is under dependent administration, the court already supervises accounting filings, and a separate demand is generally not required.

What Texas Law Says About Executor Accounting Requirements

The governing statute for executor accounting in Texas is Texas Estates Code Section 404.001 (Tex. Est. Code §404.001). It applies specifically to independent administration, which is the most common form of estate administration in Tarrant County. Under independent administration, the executor manages the estate without routine court supervision. That independence is efficient, but it also means beneficiaries have no built-in oversight mechanism other than the demand process outlined in Section 404.001.

The statute sets a clear timeline. An interested person may not make an initial accounting demand until 15 months have elapsed from the date the Tarrant County Clerk issued letters testamentary to the executor. After that first accounting is delivered, subsequent demands may follow at intervals of no less than 12 months. These waiting periods exist to give executors a reasonable window to administer the estate before being required to report, but they are not a license to ignore beneficiaries indefinitely.

Dependent administration works differently. When an estate is under dependent administration, the Tarrant County Probate Court supervises the executor’s actions as a matter of course. The executor must file an inventory within 90 days of appointment under Tex. Est. Code §309.051, and the court reviews accountings throughout the process. Beneficiaries in a dependent administration generally do not need to make a separate demand because court oversight is already built in. If you are unsure which type of administration applies to your family member’s estate, the Tarrant County probate process page explains how each path works.

Enforcement of accounting demands in Tarrant County runs through Probate Court No. 1 (Judge Patricia Burns) and Probate Court No. 2 (Judge Brook Bell), both located at 100 West Weatherford Street, Fort Worth, TX 76196. These are the courts that will hear a motion to compel if an executor refuses to comply with a valid demand.

Who Qualifies as an ‘Interested Person’ Under Texas Estates Code?

Before you send a formal accounting demand, you need to confirm that you have legal standing to make one. Texas law does not give every family member the right to demand an accounting. Under Tex. Est. Code §22.018, an “interested person” includes heirs, devisees, spouses, creditors, and any other person who has a property right in or a claim against the estate. The key requirement is a direct financial or property interest in the estate’s outcome.

How to Confirm Your Standing

Ask yourself these questions:

• Are you named as a beneficiary in the will?
• Are you an heir who would inherit under Texas intestate succession laws if there were no will?
• Do you have an unpaid debt or claim against the estate?
• Do you hold a property interest that depends on how the estate is administered?

If you can answer yes to any of these, you likely qualify as an interested person. However, being a family member alone does not automatically confer standing. A distant relative who would not inherit under the will or under Texas intestacy rules may not have the right to demand an accounting. If your status is unclear, reviewing your position with a probate attorney before sending a demand letter is worthwhile.

This question of standing matters a great deal in Tarrant County estates, where real property is often the single largest asset. With a median home value of $323,900 and a homeownership rate of nearly 60 percent in Tarrant County, heirs with a claim to inherited real estate have a concrete financial stake in knowing exactly how the executor is managing that property. Accurate accounting is not a formality in those situations. It is often the only way to confirm that the home has not been sold below market value, encumbered without authorization, or transferred in a way that harms the beneficiaries. For context on how inheritance works when there is no will, the intestate succession page covers the Texas rules in detail.

Book a Call with Kyle Robbins: If you have confirmed your standing as an interested person and want to know your next steps, a consultation can help you move forward with a formal demand. Book a Call →

What the Accounting Must Include and How to Read It

A proper accounting under Tex. Est. Code §404.001 is a sworn, written exhibit. That means the executor signs it under oath, and it must be detailed enough for a beneficiary to evaluate whether the executor has fulfilled their fiduciary duties. A vague summary or a verbal update does not satisfy the statutory requirement.

Required Contents of a Texas Executor Accounting

The accounting must cover:

• All estate property, both real and personal, as of the date of the accounting.
• All money on hand and all money received since the estate was opened.
• All debts owed to the estate and all debts paid.
• All expenses of administration, including attorney fees and court costs.
• All receipts and disbursements, with enough detail to trace where money went.
• The current condition of the estate, including any property that has been sold, transferred, or encumbered.

One figure that must appear in any proper accounting is executor compensation. Under Tex. Est. Code §352.002, an executor is entitled to a 5% commission on all cash actually received and paid out in the administration of the estate (the ‘five-and-five’ rule), which is capped in the aggregate at 5% of the gross fair market value of the estate.

It is important to note that cash on hand at death, life insurance proceeds, and direct distributions of real estate to heirs are excluded from this commission calculation. For example, if the executor simply transfers a $300,000 Fort Worth home directly to the heirs, they do not get to claim a 5 percent commission on that property value. Beneficiaries should review the compensation claimed and confirm it is reasonable and legally accurate relative to the work performed.

“When I review an accounting on behalf of a beneficiary, I look for three things first: whether all assets are accounted for, whether the disbursements add up, and whether the executor’s compensation is properly disclosed and reasonable. A document that glosses over any of those areas is a red flag worth pursuing.” — Fort Worth Probate Attorney Kyle Robbins

How to Formally Demand an Accounting From a Tarrant County Executor

If you have confirmed your standing and the 15-month window has passed, here is how to move forward with a formal accounting demand in Tarrant County.

Step-by-Step Process

1. Confirm you are an interested person. Review the will or the intestacy rules to verify your status before taking any formal action.
2. Confirm the timing. Check the date letters testamentary were issued by the Tarrant County Clerk. You can verify this through the Tarrant County Clerk’s online filing portal. The 15-month period runs from that date, not from the date of death.
3. Serve a written demand on the executor. The demand should be in writing and clearly state that you are requesting a formal accounting under Tex. Est. Code §404.001. Sending it by certified mail with return receipt requested is the best practice. This creates a paper trail that documents the date of service if you later need to file a motion to compel.
4. Wait the statutory 60-day response period. The executor has 60 days from the date of service to produce the sworn, written accounting. Do not file court action during this window.
5. Evaluate the response. If the executor delivers an accounting, review it carefully against the requirements described above. If the accounting is incomplete, evasive, or missing required information, that is a basis for further action.
6. File a motion to compel if the executor does not respond. If the executor ignores the demand or fails to produce a complete accounting within 60 days, you can file a motion to compel in Tarrant County Probate Court No. 1 or No. 2 at 100 West Weatherford Street. The 2026 filing fee for a motion to compel (which is a subsequent filing in an active probate case) is $120. The Tarrant County Clerk’s online portal can be used to initiate or track certain submissions.

One related deadline worth keeping in mind is the four-year deadline to probate a will under Tex. Est. Code §256.003. If an estate was never properly opened with the probate court, there may be no letters testamentary at all, which means the accounting demand mechanism has nothing to attach to. Beneficiaries who suspect an estate was never opened should address that issue first before pursuing an accounting demand. The estate litigation page covers options when estate administration has gone off track.

What Happens When an Executor Refuses or Provides an Incomplete Accounting

An executor who ignores a valid demand or delivers a deficient accounting is not simply being difficult. They are violating a statutory duty, and Tarrant County Probate Courts take that seriously. The consequences of non-compliance can be significant.

What the Court Can Do

When a beneficiary files a motion to compel accounting in Tarrant County Probate Court No. 1 or No. 2, the judge has several options:

• Order the executor to produce a complete accounting within a court-specified deadline.
• Surcharge the executor for any losses the estate suffered as a result of the failure to account. This means the executor must pay out of their own pocket to make the estate whole.
• Remove the executor from their role and appoint a replacement administrator.
• Award attorney fees to the beneficiary in appropriate cases.

If the executor’s conduct goes beyond simple delay and rises to the level of self-dealing, misappropriation of estate funds, or gross negligence, a separate breach of fiduciary duty claim may be warranted. An executor who has been converting estate assets for personal use, selling property to family members at below-market prices, or concealing transactions from beneficiaries is not just non-compliant. They may be personally liable for the harm caused. The breach of fiduciary duty and will contest pages explain what those claims involve and when they apply.

“Beneficiaries sometimes wait months or years hoping the executor will eventually come around and share information voluntarily. In my experience, waiting rarely produces results. The demand process exists precisely because the legislature recognized that executors without accountability can cause real harm to estates. Acting promptly protects both the estate and the beneficiary’s rights.” — Fort Worth Probate Attorney Kyle Robbins

Tarrant County’s population of more than 2.1 million includes approximately 12 percent of residents aged 65 and older. That means tens of thousands of estates are administered here each year, and executor accountability is a recurring concern across the county. The two probate courts handle a high volume of these matters, and judges in both courts are familiar with the patterns that arise when executors fail to communicate with beneficiaries.

Ready to take the next step? If you have identified non-compliance by an executor and want to understand your options, a consultation with Kyle Robbins can help you decide whether a formal demand or court action is the right move. Book a Call →

Dependent Administration and Court Supervised Accounting

Not every Tarrant County estate operates under independent administration. When an estate is administered as a dependent administration, the probate court is involved throughout the process, and accounting obligations work differently.

Under Tex. Est. Code §309.051, a dependent executor must file an inventory, appraisement, and list of claims within 90 days of appointment. This filing goes directly to the Tarrant County Probate Court and is reviewed by the judge. As the estate progresses, the executor must continue filing accountings with the court on a supervised basis. At the end of the administration, Tex. Est. Code §362.003 governs the verified account for final settlement, which the court reviews before authorizing distribution to beneficiaries.

Because court oversight is built into dependent administration from the start, beneficiaries generally do not need to send a separate demand. The court’s review process serves a similar function. If you believe the executor is misreporting figures in a court-supervised filing, the appropriate response is to object to the accounting directly in the probate court proceeding.

It is worth knowing that some estates shift from independent to dependent administration when an executor is mismanaging assets or refusing to cooperate. A Tarrant County Probate Court can convert an estate from independent to dependent administration if there is sufficient cause. This is not a common outcome, but it is an option worth discussing with a Fort Worth probate attorney if the executor’s conduct is serious enough to warrant it. For a full overview of how both administration types work in Tarrant County, the independent administration page is a useful starting point.

When you are dealing with an executor who is withholding information or failing to account for estate assets, having a probate attorney who knows the Tarrant County courts and the statutory demand process makes a real difference. At Fort Worth Probate Attorney, Tarrant County probate is what we focus on. Probate attorney Kyle Robbins has guided beneficiaries through formal accounting demands, motions to compel, and breach of fiduciary duty claims in Tarrant County Probate Court No. 1 and No. 2. Whether you are at the stage of drafting a demand letter or already facing an executor who has refused to respond, we can help you understand your options and take the right next step.

This article is for informational purposes only and does not constitute legal advice. Every probate situation is unique. Consult with a qualified probate attorney about your specific circumstances.

Pricing Note: Any fees and price ranges shown are estimates based on typical cases. Actual costs vary depending on your unique circumstances, asset complexity, and family situation. Contact Kyle Robbins at the Fort Worth Probate Attorney office for an exact quote.