Pollard v. Pollard, 316 S.W.3d 238 (Tex. App.—Dallas 2010, no pet.).

Estate Administration


Order to Account


Husband obtained an order from the trial court to require Wife’s independent executor to account under Probate Code § 149A. The executor had resisted Husband’s request arguing that Husband was not an interested person who had standing to request an accounting claiming that Wife had successfully divorced Husband prior to her death. The executor appealed.

The appellate dismissed the appeal for lack of jurisdiction. The court explained that an order to account is interlocutory and not appealable because (1) no statute declares such an order to be final and (2) the order is not part of any proceeding other than the overall independent administration of Wife’s estate.

Moral: A trial court’s order to the executor to account is not appealable.