Executor vs. Trustee: Who Can Be Sued for Mismanaging an Estate?

The phone rings. A family member claims the estate is “being handled,” but months later, the house remains unsold, bank accounts are inaccessible, and no one knows where the money went. That’s when the whispers start: 

• Did the executor mess up?
• Was it the trustee?
• Who should I hold responsible?

The truth is, both roles carry legal duties under Texas law. Executors answer to the probate court, while trustees manage trusts outside of it. Beneficiaries can bring them to court if either mishandles property or prioritizes their interests. Understanding the roles of trustee vs. executor is the first step in knowing where accountability lies.

At Henington Lewis Law Firm PLLC, clients work directly with attorneys who combine nearly a decade of courtroom and estate planning experience with a strong background in finance and accounting. We explain Texas estate law in clear terms, build strategies tailored to each family, and guide clients through probate, trust administration, or litigation with steady, practical counsel.

What Are the Different Roles for Trustees and Executors?

So what’s the difference between a trustee and an executor? The terms may sound similar, but their authority originates from different sources.

Executor

Executors are appointed by a will and supervised by a probate court. An executor’s job is to collect assets, pay debts, file taxes, and distribute property according to the will. In Texas, executors must follow the Estates Code and remain accountable to beneficiaries and the court until the estate is closed.

Trustee

Named under a trust document, trustees often assume their duties immediately after the grantor’s death, without court oversight. Trustees retain ongoing authority to manage trust property, invest funds, and make distributions according to the trust’s terms. Their obligations may last for years, especially in trusts designed for children or those involving long-term planning.

Both roles require loyalty, transparency, and prudence. The distinction between trustees and executors is crucial because it determines whether parties resolve the dispute in probate court, through trust litigation, or both.

When Can I Sue an Executor?

Executors owe fiduciary duties to beneficiaries. They must act in good faith, avoid self-dealing, and settle the estate efficiently. Lawsuits often arise when:

• Assets disappear or are sold for less than fair value,
• Overlooked debts or taxes leave heirs vulnerable,
• The executor favors one beneficiary over another, and
• Required accountings are incomplete or inaccurate.

Courts can order executors to repay losses, remove them from their position, or even impose personal liability against them. 

When Can I Sue a Trustee?

Trustees also owe fiduciary duties, which are sometimes even stricter than those of executors. Because trusts are designed to protect assets over time, trustees must invest responsibly, maintain detailed records, and adhere strictly to the trust terms. Grounds for lawsuits include:

• Improper investment decisions that deplete trust value,
• Misuse of trust funds for personal gain,
• Failure to distribute assets as required, and
• Withholding information from beneficiaries.

Texas courts can surcharge trustees (forcing repayment), remove them, or appoint replacements. Because trusts often last for decades, disputes between trustees can have a lasting financial impact.

Trustee vs. Executor: Who Bears More Risk?

Executors usually serve for a limited period until probate is complete. Trustees, by contrast, may manage wealth for years to come. That extended timeline often creates more opportunities for conflict. Still, both positions involve legal risk. 

Executors answer directly to probate judges. Trustees operate without day-to-day court supervision but can still be held accountable if beneficiaries bring a lawsuit. The distinction isn’t about whether you can sue them but why, when, and in which forum.

What Are Common Litigation Triggers?

Families often ask what behaviors cross the line into mismanagement. In practice, disputes usually begin with:

• Delays. Estates or trusts that drag on for years raise suspicions and frustrate beneficiaries.
• Opacity. Poor communication or missing accountings create fertile ground for claims.
• Conflict of interest. Selling property to relatives or using estate funds for personal expenses almost always sparks lawsuits.
• Neglect. Failure to insure property, collect income, or pay debts exposes executors and trustees to liability.

Understanding these triggers early helps families intervene before issues escalate.

What Are the Legal Standards in Texas?

Both executors and trustees are fiduciaries under Texas law. Courts evaluate their conduct using the “prudent person” standard: Would a reasonable, careful person have acted the same way under similar circumstances? Executors must follow Chapter 351 of the Texas Estates Code regarding inventory, debts, and distributions. Trustees operate under the Texas Trust Code, which outlines the duties of loyalty, impartiality, and prudent investment.

Failure to meet these standards can lead to lawsuits not only against the estate or trust but also against the individual executor or trustee personally.

How Can Henington Lewis Law Firm PLLC Help?

Samantha Lewis founded Henington Lewis Law Firm PLLC, in Austin to remove the mystery from estate disputes. When clients face questions about trustee vs. executor liability, the firm provides:

• Clear explanations. You’ll understand the differences between executors and trustees, and what legal remedies apply.
• Thorough investigation. We review accountings, financial records, and correspondence to identify potential breaches.
• Tailored strategy. Whether through negotiation, mediation, or litigation, we design the plan around your family’s goals.
• Personal guidance. We listen first, then explain options in plain language, making a complicated process feel manageable.

Samantha brings nearly a decade of courtroom and estate planning experience, along with financial and accounting insight. That blend allows the firm to protect families when fiduciaries fail, while also helping others avoid disputes entirely through careful planning.

Contact Henington Lewis Law Firm PLLC, Today

Every estate dispute turns on the specific facts, but families don’t have to navigate those conflicts alone. At Henington Lewis Law Firm PLLC, our team combines legal knowledge, financial acumen, and a commitment to client care.

We help Central Texas families plan, administer estates, and resolve disputes involving trustees or executors efficiently and effectively. Whether you’re preparing your own estate plan or responding to mismanagement of a loved one’s estate, we provide clear guidance and strong advocacy so you can protect what matters most.

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