Can I Contest an Executor in a Will?

FAQ: What Can You Do if an Executor Fails to Act on a Will in Texas?

Quick Answer: If you were named as a beneficiary in a Will, but the Executor has failed to take action, you may have legal grounds to hold them accountable or request their removal. In Texas, an Executor has a fiduciary duty to manage the estate properly—and if they neglect that duty, the court can intervene.

At The Ashmore Law Firm, our probate attorneys help beneficiaries protect their inheritance rights and ensure executors fulfill their legal obligations.

Understanding the Executor’s Role

An Executor is the person named in a Will to administer the estate after someone passes away. This role carries serious legal responsibility.

Under Texas law, the Executor acts in a fiduciary capacity, which means they must:

• Probate the Will (file it with the court and open the estate)

• Identify and collect estate assets

• Pay valid debts, expenses, and taxes

• Distribute the remaining assets according to the terms of the Will

Because the Executor serves in a fiduciary role, they must always act in the best interests of the estate and its beneficiaries—not themselves.

What Happens If the Executor Does Nothing?

Unfortunately, it’s not uncommon for Executors to delay or fail to carry out their duties. Common signs of inaction include:

• The Will has not been filed for probate within a reasonable time

• No updates or accounting have been provided to beneficiaries

• Debts, taxes, or property transfers remain unresolved

• The Executor refuses to communicate or cooperate

If the Executor has failed to act, Texas law allows beneficiaries or other interested parties to petition the Probate Court to compel the Executor to perform their duties—or, if necessary, to remove and replace them.

The Executor’s Fiduciary Duty

Because the Executor holds a fiduciary position, they are held to the highest standard of care under Texas law. They must:

• Be honest, transparent, and diligent

• Avoid conflicts of interest

• Keep accurate financial records

• Always prioritize the estate’s and beneficiaries’ interests above their own

If the Executor fails to meet this standard, they can be legally removed and may be personally liable for any losses or damages caused by their misconduct or neglect.

What You Can Do as a Beneficiary

If you suspect the Executor is failing to perform their duties:

1. Request an accounting of the estate’s assets and actions.

2. Document all communications and attempts to resolve issues informally.

3. Consult with a probate attorney to review your options under the Texas Estates Code.

With proper legal help, you can ask the court to compel action, seek removal, or appoint a successor Executor to complete the administration of the estate.

How The Ashmore Law Firm Can Help

At The Ashmore Law Firm, we have decades of experience representing beneficiaries and family members in probate disputes. Our attorneys can:

• Review the estate’s status and the Executor’s compliance with Texas law

• File petitions to compel or remove the Executor

• Pursue recovery for any financial losses caused by inaction or mismanagement

• Ensure your inheritance rights are protected

Speak With an Experienced Probate Lawyer in Dallas

If you believe an Executor has failed to perform their duties, contact The Ashmore Law Firm today.

📞 Call us at 214.559.7202 or contact us online to schedule a consultation.
We proudly assist clients throughout the Dallas area with probate administration, estate disputes, and Executor removal cases.