Understanding the Role of a Fiduciary in Texas Probate Litigation

 Posted on October 10, 2025 in Estate Planning and Probate

After the death of a loved one, you may have to go through the complex matter of sorting through his or her estate. Your loved one's estate must go through probate, the court-supervised process of allocating the assets according to the decedent’s will. Even if he or she did not leave a will behind, someone must be appointed to distribute the assets according to intestate succession laws.

If you have been asked to serve in a fiduciary capacity for someone else’s estate, you may feel unprepared to handle the responsibility by yourself. A San Antonio, TX probate lawyer can guide you through the sometimes intimidating procedures and represent you in any legal disputes with creditors or beneficiaries. Geoff Mayfield, Attorney at Law has well over a decade of legal experience, so you can trust him to handle your probate concerns with care.

What Is a Fiduciary?

In legal terms, a fiduciary is someone who is entrusted with handling someone else’s assets or finances. This term carries significant weight, since somebody who is appointed as a fiduciary must always act in the best interests of the person whose assets they are handling. There are many different roles that involve a fiduciary duty, but in the context of probate, it usually refers to an estate administrator or an executor.

If you have been named or appointed as an executor or estate administrator, working with a lawyer is usually a good idea. Accusations of misconduct by a fiduciary can escalate to litigation, which can be quite costly. An attorney can work to defuse conflicts and advocate for you in court if necessary, protecting your rights.

What Does the Executor of an Estate Do?

An executor is the person named in a will to carry out the decedent’s instructions faithfully. As the executor of the will, you may be entrusted with multiple responsibilities, including:

• Accounting for all of the decedent’s assets

• Paying off creditor claims on the estate

• Distributing assets according to the terms of the will

Executors have a fiduciary duty to protect the interests of the estate. This often means making prudent financial decisions and properly appraising all property in the will. Executors of the estate are also expected to be transparent in all transactions involving the estate’s assets and communicate regularly with the beneficiaries.

If you feel that you are not equipped to handle the responsibilities of executing a will, you can turn down the appointment with a written declination to the probate court.

What Responsibilities Does the Administrator of the Estate Have?

In probate court, an administrator fulfills a similar role to the executor of the estate. However, unlike an executor of the estate, an administrator is not named in a will. Instead, an administrator is directly appointed by the courts in the absence of a will, or if the executor is unavailable.

If no will exists, the administrator of the estate is responsible for distributing the assets of the estate according to the state’s laws of intestate succession. Under the legal guidelines provided by the Texas Estates Code Section 201.001, the decedent’s assets will be divided amongst the spouses and children first. The administrator will have to account for the decedent’s community property – that is, property acquired during the marriage that is shared with his or her spouse.

The Importance of Valuing the Assets of the Estate

Whether you have been appointed as an executor or an administrator, it is important that you take the time to get an accurate estimate for the value of all of the decedent’s property and assets. When assets are not properly valued, it could lead to the beneficiaries receiving less than what they are entitled to during probate, which may lead to later disputes.

As part of the probate process, the executor or administrator will have to submit a full inventory of assets to the court. However, this inventory will become a public document once submitted to the court. In the interest of privacy, you could consider submitting an Affidavit in Lieu of Inventory, but this option is only available in select circumstances.

What Is Self-Dealing?

When an administrator or executor uses the assets of the estate for personal gain or benefit, it is known as self-dealing. This creates an obvious conflict of interest, as fiduciaries are expected to put the estate first. Examples of self-dealing include:

• Putting estate funds into your own business without prior approval

• "Gifting" yourself assets against the instructions of the will or intestacy laws

• Showing favoritism to certain beneficiaries

• Selling property to yourself at a lower price

• Making reckless, high-risk investments with the assets in the estate

An allegation of self-dealing should be taken seriously, as it could result in you being removed from your role as executor or administrator of the estate. Our firm can help you challenge these accusations in probate litigation.

Addressing Breaches of Fiduciary Duty in Probate Litigation

Not all breaches of fiduciary duty necessarily involve malicious self-dealing. An executor or administrator could also face accusations of breaching his or her fiduciary duty if the assets are not managed competently. Failing to take timely action or meet deadlines could also be a breach of fiduciary duty.

If you are accused of violating your fiduciary duty while managing the decedent’s assets, you should prepare a defense demonstrating that you have acted in the best interests of the estate. You could cite the instructions given to you in the will, noting that you have distributed the decedent’s property according to his or her wishes. Our probate attorney can provide you with valuable support during litigation, speaking on your behalf and anticipating possible arguments from beneficiaries or creditors.

Contact a Bexar County, TX Probate Litigation Lawyer Today

Managing a loved one’s estate is a heavy burden to bear. Geoff Mayfield, Attorney at Law is here to provide you with legal assistance so that you can live up to your fiduciary responsibilities and make sure that the assets and property are all distributed correctly. To schedule a free initial consultation, call us at 210-535-0870 or contact our San Antonio, TX estate litigation attorney.