Fiduciary Duties in Texas Probate: When Executors Abuse Their Power and What You Can Do
Fiduciary Duties in Texas Probate: When Executors Abuse Their Power and What You Can Do
By Corpus Christi Probate Attorney R.F. Michael Snodgrass of Snodgrass Law Firm
Probate disputes often arise when an executor or administrator forgets - or ignores - that they are a fiduciary, not the owner of the estate. In Texas, executors owe strict legal duties to heirs and beneficiaries. When those duties are violated, the consequences can include removal, personal liability, and court-ordered repayment.
If you suspect an executor is mishandling an estate, this guide explains:
What fiduciary duties executors owe under Texas law
Common executor misconduct
Warning signs of abuse
How contested probate litigation works
What remedies are available to heirs and beneficiaries
What Is a Fiduciary in Texas Probate?
An executor (also called a personal representative) is a fiduciary - a person legally required to act solely in the best interests of the estate and its beneficiaries.
Texas courts hold executors to one of the highest legal standards of conduct. Executors do not have discretion to act for personal benefit, convenience, or favoritism.
Read more on our Contested Probate or Estate Administration pages.
Core Fiduciary Duties of Executors in Texas
Under Texas law, executors owe several key duties, including:
1. Duty of Loyalty
Executors must act only for the benefit of the estate, not themselves or third parties. Self-dealing is strictly prohibited.
2. Duty of Full Disclosure
Executors must keep beneficiaries reasonably informed and provide:
Inventories and appraisements
Accountings
Status updates when requested
3. Duty to Preserve Estate Assets
Executors must safeguard property, avoid waste, and prevent loss - including monitoring real estate, bank accounts, and investments.
4. Duty to Follow the Will and the Law
Executors cannot rewrite the will or ignore statutory probate requirements.
Failure to meet these duties often leads to contested probate litigation. If helpful, see our page on Will Contests.
Common Executor Misconduct That Leads to Probate Disputes
Executor disputes are more common than most families expect. Typical violations include:
Withholding information from heirs
Delaying probate to control assets
Using estate funds for personal expenses
Selling property below market value
Favoring one beneficiary over others
Refusing to distribute assets without justification
If any of these are occurring, you may need to pursue a claim through probate litigation.
Warning Signs an Executor Is Breaching Fiduciary Duties
You should speak with a probate attorney if you notice:
No inventory filed with the court
Unexplained delays lasting months or years
Refusal to provide financial records
Hostility or evasiveness when asked basic questions
Estate assets disappearing or being sold quietly
These red flags often justify court intervention.
What Is Contested Probate in Texas?
A probate becomes contested when an interested party files objections or lawsuits involving:
Executor misconduct
Accounting disputes
Removal of executor
Breach of fiduciary duty claims
Will interpretation or enforcement issues
Learn more about this process on our Contested Probate page or read our article “Contested Probate in Texas: How to Protect Your Inheritance When a Will Is Disputed.”
Remedies Available to Heirs and Beneficiaries
Texas courts have broad power to correct executor misconduct. Available remedies include:
Removal of the Executor
Courts may remove an executor for:
Mismanagement
Conflict of interest
Failure to perform duties
Dishonesty or fraud
Court-Ordered Accounting
Executors may be forced to provide a detailed, sworn accounting of every transaction.
Surcharge (Personal Liability)
Executors can be ordered to repay losses out of their own pocket if they caused financial harm.
Injunctions and Asset Freezes
Courts can stop further damage while litigation proceeds.
Do You Need to Prove Intentional Misconduct?
No. Many fiduciary breaches occur through negligence, ignorance, or passive misconduct. Texas law does not excuse executors simply because they “didn’t know better.”
Can an Executor Be Sued Personally?
Yes. Executors are not shielded from liability when they breach fiduciary duties. Courts routinely allow claims for damages, attorney’s fees, and interest.
If you are considering taking action, start with a Probate Consultation to evaluate your leverage.
Why These Cases Require Experienced Probate Litigation Counsel
Executor disputes are not routine probate filings. They involve:
Financial tracing
Statutory deadlines
Evidentiary hearings
Aggressive motion practice
An attorney who handles contested probate understands how to apply pressure early—often forcing resolution before trial.
Frequently Asked Questions (FAQs)
What is a fiduciary duty in Texas probate?
A fiduciary duty requires an executor to act honestly, loyally, and solely in the best interests of the estate and beneficiaries.
How do I force an executor to provide an accounting?
Texas law allows beneficiaries to demand a formal accounting through the probate court.
Can an executor delay probate indefinitely?
No. Unreasonable delay is grounds for court action and possible removal.
Can siblings sue an executor who is also a beneficiary?
Yes. Being a beneficiary does not excuse fiduciary misconduct.
Do executor disputes always go to trial?
No. Many cases resolve after court filings, accountings, or mediation.
Talk to a Texas Probate Litigation Attorney
If you believe an executor is abusing their authority or mishandling an estate, time matters. Evidence disappears, assets move, and deadlines pass.
👉 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.
This article is provided for general educational purposes and does not constitute legal advice. No attorney–client relationship is formed by reading this content.
Last updated January 22, 2026.
