What is contested probate in Texas?

Contested probate in Texas occurs when there is a legal dispute involving a will, executor, administrator, or estate administration. Common issues include breach of fiduciary duty, will contests, disputes over asset distribution, and executor misconduct.

What is fiduciary litigation in a Texas probate case?

Fiduciary litigation in Texas probate involves lawsuits against executors, administrators, trustees, or other fiduciaries for failing to comply with their legal duties. Claims often include mismanagement, self-dealing, failure to account, and breach of fiduciary duty under the Texas Estates Code.

What qualifies as a breach of fiduciary duty in Texas probate?

A breach of fiduciary duty in Texas probate may include self-dealing, misuse of estate funds, failure to disclose information, unreasonable delay, conflicts of interest, or failure to act in the best interests of beneficiaries.

Can an executor be sued for breach of fiduciary duty in Texas?

Yes. Executors and administrators in Texas may be sued for breach of fiduciary duty if they violate their legal obligations. Remedies may include removal, monetary damages, surcharge, forfeiture of compensation, and court-ordered accountings.

How do you remove an executor in Texas probate court?

To remove an executor in Texas, an interested party may file a petition alleging grounds such as breach of fiduciary duty, mismanagement, failure to account, incapacity, or conflict of interest. The probate court will determine whether removal is justified.

What damages are available in Texas fiduciary litigation?

Available damages in Texas fiduciary litigation may include actual damages, disgorgement of profits, surcharge, forfeiture of executor compensation, recovery of attorney’s fees, and equitable relief to protect estate assets.

Do beneficiaries have the right to an accounting in Texas probate?

Yes. Beneficiaries in Texas generally have the right to request a formal accounting from an executor or administrator. Failure to provide a proper accounting may result in court intervention or fiduciary liability.

What is self-dealing in Texas probate cases?

Self-dealing occurs when a fiduciary uses estate or trust property for personal benefit or enters transactions that favor their own interests. Texas courts treat self-dealing as a serious breach of fiduciary duty.

How long do contested probate cases take in Texas?

The duration of a contested probate case in Texas depends on the complexity of the dispute, number of parties, and court involvement. Some cases resolve in months, while others may take a year or longer if litigation is required.

When should I contact a Texas probate litigation attorney?

You should contact a Texas probate litigation attorney as soon as you suspect executor misconduct, breach of fiduciary duty, or improper estate administration. Early legal action can help preserve evidence and protect your rights.

Contested Probate & Fiduciary Litigation in Texas

Breach of Fiduciary Duty by Trustees & Executors

Texas Fiduciary Litigation Lawyer | Trustee & Executor Misconduct

When a trustee or executor abuses their power, beneficiaries have the right to take action. Fiduciary litigation is a specialized area of contested probate law focused on holding trustees of trusts and executors of estates legally accountable when they violate their duties under Texas law.

At Snodgrass Law Firm, we represent beneficiaries, heirs, and interested parties across Texas in breach of fiduciary duty claims, trust disputes, and estate litigation.

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What Is Fiduciary Litigation?

Fiduciary litigation involves lawsuits against individuals who owe the highest legal duties of loyalty, honesty, and care—most commonly:

Trustees of revocable and irrevocable trusts
Executors and administrators of estates
Temporary administrators and court-appointed fiduciaries

These cases arise when fiduciaries mismanage assets, self-deal, hide information, or fail to distribute inheritances properly.

Common Breaches of Fiduciary Duty in Texas Probate Cases

Trustee Breach of Fiduciary Duty

Self-dealing or conflicts of interest
Improper trust distributions
Failure to follow trust terms
Commingling trust assets
Failure to provide accountings
Excessive or unauthorized trustee fees

Executor / Administrator Misconduct

Misappropriating estate funds
Delaying probate without cause
Favoring one beneficiary over others
Selling estate property below market value
Failure to disclose assets
Ignoring creditor or tax obligations

Read more about Executor Misconduct or Removing an Executor.

Texas Fiduciary Duties: Trustees vs. Executors

Under the Texas Trust Code and Texas Estates Code, fiduciaries must:

Act solely in the best interests of beneficiaries
Avoid conflicts of interest
Preserve and protect assets
Provide timely and accurate accountings
Follow trust or will instructions precisely

Failure to meet these obligations exposes fiduciaries to personal liability, including damages, fee forfeiture, removal, and court sanctions.

When Should You File a Fiduciary Lawsuit?

You should speak with a fiduciary litigation attorney if:

You are being denied information or accountings
Estate or trust assets are disappearing
The fiduciary refuses to distribute property
You suspect theft, fraud, or manipulation
The probate process has stalled without explanation

Texas law provides strict deadlines, and delay can permanently affect your rights.

Remedies Available in Texas Fiduciary Litigation

Courts may order:

Removal of the trustee or executor
Financial damages and surcharge
Disgorgement of fees
Turnover of property
Court-ordered accountings
Injunctions preventing further harm

In serious cases, fiduciaries may also face civil fraud claims or punitive damages.

Why Fiduciary Litigation Is Different From Regular Probate

Unlike routine probate administration, fiduciary litigation is adversarial. These cases often involve:

Forensic accounting
Subpoenas and discovery
Emergency injunctions
Court hearings and trials

Experience matters. A fiduciary case mishandled early can permanently damage recoveries.

Why Choose Snodgrass Law Firm

Texas-focused probate and trust litigation
Aggressive advocacy for beneficiaries
Strategic use of court remedies
Clear communication and transparency

We understand how trustees and executors try to shield misconduct—and how Texas courts evaluate fiduciary behavior.

Frequently Asked Questions (FAQs) about Texas Fiduciary Litigation)

1. What is a breach of fiduciary duty in Texas probate?

A breach occurs when a trustee or executor violates duties of loyalty, care, or honesty owed to beneficiaries.

2. Can I sue a trustee in Texas?

Yes. Beneficiaries can file suit under the Texas Trust Code for mismanagement or misconduct.

3. Can an executor be personally liable?

Yes. Executors can be held personally liable for financial losses caused by misconduct.

4. What remedies can a court order?

Removal, damages, fee forfeiture, accountings, and injunctive relief.

5. Can a trustee be removed without going to trial?

Yes. Courts can remove trustees through motions and evidentiary hearings.

6. Do I need proof before filing a lawsuit?

You need a good-faith basis. Courts can compel disclosures once litigation begins.

7. What if the fiduciary refuses to provide records?

Texas courts can order accountings and impose penalties for noncompliance.

8. Is self-dealing always illegal?

Almost always—unless expressly authorized by the trust or approved by beneficiaries or the court.

9. How long do I have to file a fiduciary claim?

Deadlines vary, but delays can waive rights. Early review is critical.

10. Can multiple beneficiaries sue together?

Yes. Joint actions are common in trust and estate litigation.

11. Does fiduciary litigation affect probate timelines?

Yes. Contested matters often pause or extend probate proceedings.

12. Is mediation required?

Often encouraged and sometimes ordered, but not always required.

Talk to a Texas Probate Litigation Attorney

👉 Contact Snodgrass Law Firm to discuss your rights and options in a contested probate matter. If your case has already gone to Court, see our Probate Appeals page.

Contact Snodgrass Law Firm, PLLC today to schedule a consultation and learn how experienced legal representation can make a meaningful difference in your Contested Probate matter. Please email us at info@snodlaw.com or call or text us at 361-239-8332 to set up a consultation at our office, by phone, or on Zoom.