[TX] How do I enforce a fair estate distribution and accounting when an executor refuses in probate?

I have a problem with my mother's estate being distributed after her death. My sister was named executor and now has the letters of testamentary. She claims that there are 2 homes worth $830,000 (closing cost of one home) and $599,000 (the planned list price of the 2nd home).

She claims she paid out of her personal money $170,000 in taxes for both homes, renovation cost for the cheaper home, and some other associated fees. Because she is living in the more expensive home that was purchased 3 days before my mother’s death, and has been living in that home the entire time of probate (18 months from death to today), she wants to say that she should get her home, I should get the other house (which I don’t want to live in, I would be selling it right away), and call it even.

The estate is in the state of Texas.

I believe that if a fair accounting were done, and the fact that if I received the cheaper home I would have to pay closing costs on sale, that it is unfair for us to just “call it even” and that a full accounting should be done. I should possibly even be compensated because I have been having to pay rent for 18 months, while she got to live in a home that is part of the estate.

She claims that this is even because she would be entitled to an executor fee of 3% of the entire estate, and as far as I know, she is only entitled to the executor fee on cash in and out, not the whole estate.

Yes, and that conversation ended up in a fight.

Just us 2.

There is a car worth approx $35k, an American Airlines mileage account with over a million miles valued approx at $50k, and a small 401k and some disability money.

None of that is covered in the will, and AFAIK the court rejected the will because of how old it was (I wasn’t even listed by name as the will was before my birth). The will said the estate would be distributed evenly between all heirs, which there is only my sister and I.

She just got the letters of testamentary.

That’s why I messaged you guys first. According to Gemini (Google AI), this was the response I got when asking the same question:

Hi [Sister's Name],

I’ve been reviewing the proposal to "call it even" regarding Mom’s estate, and after running the numbers, I cannot agree to that arrangement. The math simply does not balance out, and the difference in value between the two properties is too significant to ignore.

To ensure we are both treated fairly and in accordance with Texas probate standards, I need to address the following discrepancies:

1. The Valuation Gap
There is a base difference of $231,000 between the home you are currently living in ($830,000) and the Arlington home ($599,000). Even if we accept the $170,000 in expenses you mentioned, there is still a roughly $61,000 shortfall before we even account for other factors.

2. Closing Costs & Net Value
Since I do not intend to live in the Arlington house, receiving that asset means I strictly receive its liquidation value. If I sell it, I will lose approximately 8–10% of the value to realtor commissions, closing costs, and holding fees (approx. $48,000–$60,000). You, however, would receive the full equity of the more expensive home with zero transaction costs. A fair distribution must be based on the net distributable estate, not just list prices.

3. Estate Usage (Rent)
You have had exclusive use of the primary estate asset for 18 months. In probate distribution, the fair market rental value of the property for the time a beneficiary lives there is typically considered "value received" by that beneficiary. This value needs to be calculated and added to your side of the distribution ledger.

4. Executor Compensation
I appreciate the work you have done administering the estate. However, under Texas Estates Code, executor compensation is standardly calculated as a percentage (5%) of sums actually received in cash and paid out for debts—not a percentage of the value of the real estate or unsold assets. The statutory executor fee for paying $170,000 in bills would be approximately $8,500, which does not justify an equity disparity of over $200,000.

Formal Request for Accounting
Because of these complexities, we cannot proceed with a verbal agreement. I am formally requesting a full accounting of the estate.

Please provide the following:

• A verified accounting of the $170,000 in personal funds you stated were used for estate expenses, including receipts and invoices.
• A breakdown of which renovations were performed on which property.
• A current inventory of all other estate assets (bank accounts, personal property, etc.).

Let’s get all the numbers on paper so we can calculate the correct "owelty" (equalization payment) needed to balance the shares properly.

Regards,
[Your Name]

And I asked about her executor fee and this was the response:

If your sister is relying on the standard Texas statute (Texas Estates Code § 352.002) because the will didn't set a specific fee, here is how her pay is actually calculated.

1. The "5% Rule" (It's not what she thinks)
The standard fee is 5% of money received + 5% of money paid out. However, there are massive exclusions that likely apply to your situation.

She gets $0 commission on:

• The value of the homes: If she transfers the deeds to you and herself (distribution in kind), she gets 0% of that $1.4 million value. She only gets a commission on real estate if she sells it and brings the cash into the estate bank account.
• Cash that was in Mom's bank accounts: If your mother died with $50,000 in a checking account, your sister gets 0% for "receiving" that. It is considered "cash on hand."
• Distributions to heirs: When she hands you the keys or deed to the Arlington house, she gets 0% commission on that "payout."

2. What she does get paid on
She is entitled to 5% on "sums actually paid out in cash" for debts and expenses.

The $170,000 expenses: If she can prove she used estate funds (or is reimbursed by the estate) to pay valid taxes, renovation costs, and debts, she gets 5% of that amount.

$170,000 × 5% = $8,500

3. The Bottom Line
If her proposal is that she deserves the $830k house (vs. your $599k house) partly because she "did all the work" as executor:

The math: The discrepancy in house values is $231,000.
Her likely fee: Under Texas law, her executor fee is probably only around $8,500–$10,000 (5% of the bills she paid).

She is trying to use a ~$10,000 job to justify a $200,000+ benefit.

4. Can she ask for more?
There is a provision for "extraordinary compensation" if she managed a business or faced complex litigation, but she has to ask the court for this. Renovating a house can sometimes count, but she can't just decide she deserves $100k for it; a judge has to agree.

Summary for your argument:
You can confidently tell her (or your lawyer):

In Texas, an executor does not get paid a percentage of the real estate value unless it is sold. You are likely entitled to 5% of the bills paid (approx. $8,500), not a share of the home equity."

So I guess I’m just trying to find if the AI was correct and if so, after asking for a complete accounting, what next steps should I take if she does the full accounting or if she refuses?

Seems like she is ignoring it because she sent me an email to fill out a form to receive my portion of the 401k, but I feel like I shouldn’t fill it out and take the distribution of even the 401k until everything is accounted for.

No, that’s all.

Nope, you covered everything. Last question is do you agree that I should go ahead and hire an attorney now or wait and see if she complies with the written request? And should I send the request by certified mail as well as email, or should an email be fine? I already sent the email formally requesting a full accounting of the estate.

Ok thank you sir, appreciate your help.