Q: Can I petition court to force executor to finalize probate case in Texas?
Dad died in 2022. Executor appointed 19 months ago. Small estate-less than $250k. Last asset was sold 8 months ago. Final tax refund received by executor 6 months ago. There is nothing else in the estate to administer-executor agrees to that fact. I have asked several times for her to distribute the funds and close probate, but she doesn't. Current excuse is blaming the current (3rd) lawyer. I see Texas code 405.009 seems to support that I could file in court to close the estate and hopefully have executor distribute the assets.
A:
Yes. I'd suggest getting an attorney's help to send the executor a Demand for Accounting. After two years, your attorney could also help with the filing of a Petition for Distribution.
You don't have to have an attorney to do the above, though I think having an attorney often seems more forceful.
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