Under Texas law, estate executors can be held liable for failing to carry out their legal duties.
When a decedent dies with a valid will in the state of Texas, the will must be offered for and admitted to probate in a court of competent jurisdiction in order to create an estate of the decedent. Following the filing of an application offering a decedent’s will for probate with the appropriate court, a hearing on the application is scheduled. During the court hearing, the presiding judge makes a determination of the validity of the will, admits the Decedent’s will to probate, and appoints a personal representative to act on behalf of and administer the newly created estate. The personal representative of an estate may either be an executor or an administrator. Personal representatives are issued either Letters Testamentary or Letters of Administration by the court, and these documents serve as evidence of their authority to act on behalf of the estate. Appointment as executor carries with it a considerable amount of responsibility and Texas law imposes a weighty duty on executors of estates.
The executor of an estate is a fiduciary as he or she manages property of the estate for the beneficiaries of the Decedent’s will. A fiduciary relationship is one of great trust and confidence. Consequently, the executor owes fiduciary duties to the beneficiaries when performing his or her responsibilities in carrying out the provisions of the decedent’s will during the probate and estate administration process. Since the beneficiaries must trust and rely upon the executor, the law imposes a heavy burden on the executor to perform his or her assigned duties with the utmost good faith, loyalty, fair dealing and integrity. The interests of the beneficiaries should be the executor’s highest priority when carrying out assigned duties.
An executor may face a civil lawsuit if he or she fails to perform his or her fiduciary duties as required by law. For example, if the executor fails to account for estate funds managed by the executor, the beneficiaries may have grounds for a lawsuit against the executor for the breach of fiduciary duty.
Duties of executor
The executor’s role is one of considerable importance. Under the laws of Texas, some of the primary duties of an executor include:
- Locating the beneficiaries named in the will
- Giving notice to creditors of decedent’s death, paying all valid debts
- Identifying, protecting and managing the decedent’s assets
- Preparing and filing tax returns
- Accounting for all assets of the estate and payments made
- Distributing the assets according to the terms of the will and Texas law
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Speak to an attorney
If you have been named executor in a will, the probate attorneys at The Biggers Law Firm, P.C. can guide you in performing your executor and fiduciary duties as required under the will and Texas law. Failure of an executor to properly fulfill their executory duties, properly administer the estate, or to satisfy fiduciary requirements, can result in litigation being filed against the executor by beneficiaries.Â
If you are a beneficiary under a will and suspect you have suffered financially because the executor is not properly or adequately administering the estate or satisfying their fiduciary duties, or you have concerns the executor is hiding or mismanaging assets or unduly delaying distributions to beneficiaries, contact the experienced probate and fiduciary litigation attorneys at The Biggers Law Firm, P.C. to review your situation and assist in identifying possible issues of concern. Our attorneys have years of experience working with beneficiaries in resolving matters with executors and holding executors accountable for their actions or for their failure to carry out their duties prescribed by law. Further, in cases where the executor has engaged in fraud or deceit in clear breach of their fiduciary duties, our litigation attorneys are highly skilled in initiating litigation against the executor in order to protect the interests of beneficiaries.
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