In re Estate of Hersey, 223 S.W.3d 457 (Tex. App.—Amarillo 2006, no pet.).

Estate Administration

Appellate Jurisdiction


Executor appealed a trial court’s order denying fees and expenses. The appellate court held that it did not have jurisdiction over the appeal. The court explained that it has appellate jurisdiction only over final orders under Probate Code § 5(f) and that this order was mere interlocutory. The trial court’s order itself even indicated that the order was not final as it authorized the attorney to resubmit its claim for attorney’s fees and expenses.

Moral: A party appealing a lower court’s probate order must make certain the order is appealable. If in doubt, the party wishing to appeal should take some action such as seeking a severance order.