Can You Sue an Executor of a Will in Texas?

When someone dies in Texas, the executor has the important job of handling the estate. But what happens if the executor mismanages assets, delays distribution, or acts against the beneficiaries’ best interests? Can you sue an executor of a will in Texas? Yes. People with a legal right or stake in the estate may sue if the executor violates their duties or fails to perform their responsibilities.

At Lewis Law Firm PLLC, we guide Texans through probate, estate planning, and estate litigation with clarity and compassion. Our founder, Samantha Lewis, has nearly a decade of legal experience. We know firsthand how confusing probate can feel, and we simplify what other lawyers often overcomplicate. Our mission is to help families protect assets, resolve disputes, and navigate probate or litigation efficiently.

What Is an Executor Responsible for?

When someone creates a will, they typically name an executor to carry it out. The executor is the estate’s fiduciary, meaning they must act with honesty and loyalty and in the best interests of the estate and its beneficiaries.

An executor’s responsibilities typically include:

• Filing the will with the probate court,
• Inventorying estate assets,
• Paying valid debts and taxes the estate owes,
• Distributing remaining assets according to the will,
• Keeping accurate records, and
• Reporting to the court.

Executors have significant authority but are not free to act however they wish. They must follow Texas law, honor the will’s terms, and avoid conflicts of interest. Honest mistakes, such as misplacing a receipt or needing extra time to locate assets, may not justify legal action. However, repeated or serious failures to meet obligations can.

When Can You Sue an Executor of a Will in Texas?

Not every mistake by an executor warrants a lawsuit. However, those with a stake in the case can take legal action if the executor breaches their fiduciary duty by failing to act in the estate’s best interests. Common reasons you may sue an executor include:

• Misuse of estate assets. Using estate property for personal benefit or failing to preserve its value.
• Failure to follow the will. Ignoring or altering the instructions left by the deceased.
• Excessive delay. Waiting longer than the court considers reasonable, such as several months without progress on listing or distributing assets.
• Lack of transparency. Refusing to provide required accountings (formal financial reports) or concealing estate information.
• Conflicts of interest. Placing personal gain above the interests of beneficiaries.
• Fraud or misconduct. Engaging in dishonest or illegal behavior when handling estate matters.

Beneficiaries may also ask the court to remove the executor if the executor is no longer fit to serve, such as if they develop a serious mental or physical condition or are convicted of a felony.

Who Can Sue an Executor in Texas?

Texas law allows interested parties to sue an executor. An interested party is anyone who has a legal right, financial stake, or potential inheritance connected to the estate. These individuals may file a claim if the executor fails to perform their duties properly. Common examples of interested parties include:

• Beneficiaries named in the will, who expect to receive property or money;
• Heirs under Texas intestacy laws, who would inherit if no valid will exists;
• Creditors of the estate, who the estate owes valid debts; and
• Other parties with a legal claim, such as guardians for minors connected to the estate.

If you are unsure whether you count as an interested party, a probate attorney can review your circumstances and confirm whether you have standing to bring a claim.

How to Prove Executor Misconduct

How to prove executor misconduct depends on the specifics of the misconduct. You may prove executor misconduct through:

• Financial records showing missing or misused funds,
• Property documents proving the executor failed to safeguard or distribute assets,
• Court filings that reveal inaccuracies or omissions,
• Testimony from witnesses who observed misconduct or dishonesty, or
• Correspondence that demonstrates refusal to cooperate with beneficiaries.

Because probate records and estate assets can be complex, working with an experienced probate litigation attorney is essential to gather the right evidence and know what to do with it.

How to Sue an Executor of a Will

If you believe an executor has acted improperly, you may file a claim against them in probate court. The process often involves the following steps:

• File a request with the probate court explaining the executor’s misconduct and requesting a remedy;
• Deliver legal notice to the executor and other interested parties;
• Present evidence proving the breach of duty or misconduct; and
• Ask the court for remedies such as removing the executor, repaying misused funds, or damages.

When the court removes an executor, it must appoint a successor to serve.

How Long Do You Have to Sue an Executor of a Will in Texas?

Legal claims typically operate within certain timeframes. The statute of limitations to sue the executor of a will in Texas is generally four years from when they engaged in the misconduct. In practical terms, the four-year clock starts running when you knew or should have known of the misconduct.

For example, if you discover signs of wrongdoing, such as missing funds, unexplained delays, or false reports, the statute of limitations may have already started to run. However, if the executor concealed their misdeeds, the statute of limitations might not begin until you discover them several years later.

Missing a deadline could mean you lose the right to sue, so consult a probate attorney as soon as you suspect misconduct.

Work with Lewis Law Firm PLLC

Executor misconduct can jeopardize your inheritance and create lasting family conflict. At Lewis Law Firm PLLC, we understand that disputes over wills and executors often come during times of grief and stress. Samantha founded our firm after personal experience with the probate court process and years of legal experience.

We are here to evaluate your case and help you decide on the best strategy for moving forward. Contact us today to schedule a consultation.

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