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