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Bozeman v. Kornblit, 232 S.W.3d 261 (Tex. App.—Houston [1^st Dist.] 2007, no pet. h.).

Estate Administration

Appellate Jurisdiction

Order Approving Account for Final Settlement

The appellate court held that an order approving an account for final settlement under Probate Code § 405 was not a final order and thus not appealable.  The court explained that it was clear the order was not final because the order itself specified additional actions that needed to be accomplished to achieve final settlement and the closing of the estate.

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.

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