Losing a loved one is difficult enough without the chaos you can experience during the probate process. In Texas, the executor (also known as the personal representative) is responsible for handling your loved one’s estate. They have a fiduciary duty, the highest standard of legal care, to act in the estate’s best interests.
However, even though most executors try to do the right thing, the process can stall for various reasons. If you feel that the executor is stalling, being secretive or mismanaging assets, exercise your legal rights under the Texas Estates Code.
Signs of misconduct
Before taking concrete steps to pursue legal action, look for common signs of executor misconduct. Not every delay is deliberate, but certain actions can lead to executors failing to fulfill their duties.
Here are a few common issues encountered during the probate process:
- Lack of communication
- Mismanagement of assets
- Failure to pay bills
- Failure to file documents
- Self-dealing (prioritizing personal interests)
If your executor fails to act within a legal timeframe, you may file a motion to compel them to do so. You have several legal options available to ensure the executor handles your loved one’s estate properly.
Formal accounting demand
An executor must provide a list of the estate’s inventory, debts and other financial matters. Texas Estates Code Section 404.002 guarantees you the right to demand that the executor show a detailed accounting report. This report must detail all assets received, all debts paid and all property remaining in the executor’s hands. For the initial Inventory, Appraisement, and List of Claims document, the executor needs to comply with a 90-day deadline.
This is often the most effective way to uncover financial mismanagement. The rule also provides reasonable time for the executor to collect data on the estate and create the report.
Court action
If the executor fails to complete tasks, the probate court can order the executor to act. The court may intervene and compel them to fulfill their duties. Not only that, but they can remove the executor under certain grave circumstances, including:
- Theft of estate property
- Gross misconduct or mismanagement
- Conflict of interest
Because courts view removal as a severe remedy, they generally require clear documentation before proceeding. Depending on the severity of the action, courts may remove the executor without notice or with notice and a hearing.
Breach of fiduciary duty lawsuit
If an executor’s conduct leads to actual financial harm, you may sue them for breach of fiduciary duty. If successful, the court may order the executor to pay damages out of their own pocket to reimburse the beneficiaries for the loss.
However, it is important to note that probate litigation in Texas is complex. Most Texas executors have a great deal of freedom to act without constant court supervision. While this usually quickens probate, it also makes it easier for a bad actor to hide their mistakes. Nonetheless, do not wait if you suspect misconduct. A qualified Texas legal representative can help you file the necessary motions to protect the estate and your inheritance.