Sec. 406. PROCEDURE IN CASE OF NEGLECT OR FAILURE TO FILE FINAL ACCOUNT; PAYMENTS DUE MEANTIME

(a) If a personal representative charged with the duty of filing a final account fails or neglects so to do at the proper time, the court shall, upon its own motion, or upon the written complaint of any one interested in the decedent's estate which has been administered, cause such representative to be cited to appear and present such account within the time specified in the citation.

(b) If the whereabouts of the personal representative and heirs of a decedent are unknown and a complaint has not been filed by anyone interested in the decedent's estate, the court may, on or after the fourth anniversary after the last date on which letters testamentary or of administration are issued by the court clerk, close the estate without a final accounting and without appointing a successor personal representative.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1979, 66th Leg., p. 1876, ch. 758, Sec. 3, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 898, Sec. 1, eff. June 19, 1993; Acts 1993, 73rd Leg., ch. 957, Sec. 70, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 827, Sec. 1, eff. Sept. 1, 1999.