Probate and trust administration questions we hear most often.

A Texas executor is appointed by the probate court to administer a deceased person's estate. The executor's duties include locating and valuing assets, notifying creditors, paying valid debts and taxes in the correct legal order, filing required court documents, and distributing the remaining estate to beneficiaries according to the will.

The executor is a fiduciary and must act in the interest of the estate and its beneficiaries. Under Texas independent administration, the executor has broad authority to manage and sell estate assets without returning to court for each transaction. That authority carries personal liability if the executor mismanages assets, pays invalid claims, or distributes assets before debts are resolved. Executors are not required to be attorneys, and most benefit from legal guidance through the administration to avoid mistakes that create personal exposure.

A Texas trustee must manage trust assets prudently, act in the best interests of the beneficiaries, keep accurate records, provide accountings when required, file applicable tax returns, and distribute assets according to the trust's terms. The Texas Trust Code sets the fiduciary standard the trustee must meet.

The Texas Trust Code, found in the Texas Property Code beginning at Chapter 111, requires trustees to act with the care, skill, and caution of a prudent investor. Trustees must not self-deal or place their own interests ahead of the beneficiaries. When a trust has multiple beneficiaries, the trustee must act impartially among them. Beneficiaries have a right to receive accountings and information about the trust's administration. A trustee who breaches these duties can be removed, surcharged for losses, and required to disgorge any improper benefit.

Yes. A Texas probate court can remove an executor who is mismanaging the estate, has a conflict of interest, has failed to perform required duties, or has become legally disqualified. An interested party, such as a beneficiary or creditor, can file an application for removal in the probate court where the estate is pending.

Grounds for executor removal in Texas include failing to file a required inventory, making unauthorized distributions, misappropriating estate property, failing to pay valid debts in the correct priority, and conduct that is materially adverse to the interests of the estate. The court has discretion to remove an executor and appoint a successor administrator. Beneficiaries who believe an executor is not administering the estate properly should consult an attorney before filing, to evaluate whether the conduct meets the legal standard for removal and whether removal is the most effective remedy.

Yes. Texas offers several tools to transfer assets at death outside of probate: beneficiary designations on financial accounts and life insurance, Lady Bird deeds and transfer-on-death deeds for real property, payable-on-death bank accounts, and revocable living trusts. Assets that pass through these mechanisms bypass the probate court.

Whether avoiding probate should be a primary goal depends on the family's circumstances. Texas independent administration is less burdensome than probate in many other states, so the cost advantage of full probate avoidance is smaller here than elsewhere. For families with real property in multiple states, a revocable trust avoids the need for ancillary probate proceedings in each state. For families with straightforward assets, a combination of beneficiary designations and a Lady Bird deed for real property often achieves probate avoidance at lower upfront cost than a trust.

No. A will does not avoid probate. A will is the document that controls how assets are distributed through the probate process. Assets that are subject to a will must go through the probate court to be transferred to beneficiaries. Only assets that pass outside the will, through beneficiary designations, joint tenancy with right of survivorship, or trust ownership, bypass probate.

This is one of the most common misunderstandings in estate planning. People sometimes believe that having a will means their family will not need to go to court. In Texas, a will must be presented to the probate court and admitted to probate before the executor has legal authority to act. The will controls what happens inside probate; it does not eliminate probate. Tools such as trusts, Lady Bird deeds, and beneficiary designations control what happens outside of probate.

A Texas will contest is filed in the probate court where the will is pending. The challenger must have legal standing, typically as an heir or beneficiary, and must raise a recognized legal ground: lack of testamentary capacity, undue influence, fraud, or improper execution. A will contest must generally be filed within two years of the will being admitted to probate.

Lack of testamentary capacity means the person did not understand the nature of making a will, the character and extent of their property, the natural objects of their bounty, or how the will disposed of their property at the time they signed it. Undue influence means another person substituted their own will for the testator's through improper pressure. Both grounds require evidence, and successful will contests are not common. An attorney evaluates the available evidence and the realistic probability of success before advising a client to proceed with a contest.

A breach of fiduciary duty claim arises when a Texas trustee fails to meet the duties owed to beneficiaries under the Texas Trust Code, including the duties of loyalty, prudent management, impartiality, and accounting. Beneficiaries who suffer a loss from a trustee's breach may be entitled to compensation, removal of the trustee, and disgorgement of any improper benefit.

Common trustee breaches include self-dealing transactions where the trustee benefits personally at the expense of the trust, failure to invest trust assets prudently, failure to provide required accountings, making improper distributions to one beneficiary at the expense of others, and commingling trust assets with personal assets. The Texas Trust Code allows beneficiaries to file suit in district court or, in some counties, in the probate court. Before filing, an attorney reviews the trust document, the trustee's records, and the available evidence to assess whether the conduct constitutes a cognizable breach and whether the likely recovery justifies the litigation cost.

A Texas determination of heirship is a probate court proceeding that formally establishes who the legal heirs of a deceased person are when there is no will, or when a will does not address all of the estate's assets. The court's judgment serves as legal authority for transferring property to the identified heirs.

A determination of heirship is typically needed when real property was titled in the deceased person's name alone, the person died without a will, and the heirs need to transfer or sell the property. The court appoints an attorney ad litem to represent unknown heirs and conducts a hearing at which witnesses testify about the family history. The resulting judgment is recorded in the county real property records and serves as a chain-of-title document. The process takes longer and costs more than a straightforward muniment of title or independent administration, which is one reason estate planning attorneys recommend addressing real property titling during a client's lifetime.