In re Estate of Hawkins, 187 S.W.3d 182 (Tex. App.—Fort Worth 2006, no pet.).
The probate court determined that Administrator did not timely
distribute Intestate’s estate to Heir and ordered Administrator to pay
Heir’s attorney’s fees under Probate Code § 245. Administrator appealed.
The appellate court affirmed. The court rejected Administrator’s
argument that § 245 authorizes an award of attorney’s fees only for an
action seeking the removal of a personal representative. Instead, the
court pointed out that the statute expressly permits an award of
attorney’s fees “[w]hen a personal representative neglects to perform a
required duty” which in this case was the failure to make a timely
distribution of estate property to Heir. The court also rejected
Administrator’s argument that attorney’s fees may be awarded only after
the estate is closed. The court explained that costs and attorney’s fees
may be awarded at any time.
Moral: The court may award attorney’s fees anytime a personal
representative fails to perform a required duty.