How Long Do You Have To Sue an Executor? 

Executive Summary 

• Beneficiaries have the right to sue an executor if the executor breached his or her fiduciary duties to the estate and its beneficiaries.
• An executor is responsible for carrying out the terms of the will, preserving and managing estate assets, paying valid creditor claims, and making distributions to beneficiaries while following the necessary legal processes.
• You typically have three to four years to sue an executor for breach of the executor’s fiduciary duties in California or Texas.
• The length of time to sue an executor may vary depending on the jurisdiction in which the dispute is being raised, the type of dispute, and the timing of the claim.

Introduction

Executors are an integral part of the probate process, as they ensure that estate assets are distributed to beneficiaries and that the wishes of the deceased contained in the deceased’s will are honored.  

The executor is trusted to not only conduct specified legal responsibilities but also be a source of trust and integrity. However, if they fail to uphold their duties or act in violation of state law, then an interested party may decide to pursue legal action to resolve the conflict.

If you are planning to sue an executor, you have a set time limit to do so. Each state has its own laws for what that time looks like depending on the type of claim. Understanding the statute of limitations for an executor liability lawsuit and the required steps are necessary for upholding your rights and ensuring you can raise your claim.

What Is an Executor? 

An executor is the person responsible for administering the estate, which includes protecting, preserving, and managing estate assets, dealing with estate creditors, and distributing estate assets to beneficiaries identified in a last will and testament. Executors become appointed by official order of a probate court. In other words, persons named as executors in a will do not actually become the executor until a probate court approves and appoints them. 

The executor has a fiduciary duty to act in the best interests of the estate and its beneficiaries. This includes following the terms of a will. If there is no will, the probate court appoints an administrator who must follow state laws to distribute the estate to the deceased person’s heirs at law. 

The executor has several responsibilities during the administration of an estate, which include: 

• Notifying beneficiaries and creditors that the estate is open
• Closely understanding and carrying out the terms of the decedent’s will
• Inventorying, safeguarding, and managing the deceased’s assets
• Handling legal responsibilities like filing legal paperwork with the court and, under certain circumstances, accounting all transactions
• Paying estate taxes and legitimate creditors while managing estate accounts
• Distributing assets to beneficiaries

Can I Sue the Executor of an Estate?

Yes, you can sue the executor of an estate. Interested parties have the right to sue if the executor has breached one or more fiduciary duties to the estate and its beneficiaries. 

However, there are some limitations to this. Before you sue the executor of an estate, you must consider whether you have standing to do so—you can only sue the executor if you are an estate beneficiary.

It is important to distinguish lawsuits against executors from similar types of claims. Lawsuits against executors typically allege that the executor breached a fiduciary duty. This is different from a will contest, which challenges the validity of the will itself. Lawsuits against executors are also distinct from removal actions, in which a beneficiary asks the probate court to force an executor to step down and strip the executor’s authority to act on behalf of an estate.

Some of the cases that may warrant a lawsuit against an executor include:

• Self-dealing 
• Asset theft
• Lack of communication with beneficiaries resulting in harm to beneficiary interests 
• Favoring one beneficiary over another 
• Making personal profits using power or knowledge obtained as an executor 
• Failure to protect estate assets, such as neglecting to obtain insurance against accidental loss

If you are unsure whether you have a potential legal claim against an executor, you should consult an attorney as soon as possible. An attorney will be able to help you determine whether the facts of your case provide grounds for a lawsuit.

What Are the Grounds To Sue an Executor? 

There are a number of justifiable reasons to sue an executor, but the most common scenarios fall within two categories—breach of fiduciary duty and unaddressed creditor claims.

Breach of Fiduciary Duty

A breach of fiduciary duty claim is one of the most common lawsuits against an executor by beneficiaries. A breach of fiduciary duty is an umbrella term for any actions where an executor abused his or her power or the trust placed in the executor by estate beneficiaries. This can range from failing to communicate with beneficiaries to outright stealing from the estate.

Some examples of a breach of fiduciary duty include:

• Severe management of estate assets 
• Imprudent investment decisions
• Self-dealing or acting in their own personal interests over the estate’s
• Commingling estate assets with the executor’s personal assets
• Stealing estate assets 
• Failing to uphold specific duties, such as maintaining an accounting 
• Failing to communicate directly with beneficiaries about important estate transactions

Beneficiaries’ concerns often arise when executors display a lack of transparency, prolong delays in asset distribution, and mismanage estate assets. Those beneficiaries may discover other misconduct, such as theft, after filing a lawsuit. 

A lawsuit is the best way to right the wrongs arising from executor misconduct. As part of that lawsuit, the beneficiary must acquire and present evidence to the court that proves an executor committed a breach of fiduciary duty.

Creditor Claims Against the Estate

Another common lawsuit raised against an estate comes from creditors rather than beneficiaries. Creditors may raise a claim against an estate if they believe the executor failed to properly resolve the debts.

Executors may be required to provide creditors with a notice that states a specific time period in which creditors may present their claims. If the estate has enough assets to pay for all the legitimate creditor claims, then the executor is responsible for resolving them. That may include selling estate assets if the estate does not have enough cash to pay all the claims. If the estate does not have enough assets to pay for all the debts, then the executor should pay debts in order of priority according to state law. 

Creditors may pursue legal action if they feel that their claims were not appropriately addressed during the process. If they can prove to the court that their claim was not resolved because the executor improperly applied state law, the creditors may seek to recover against the executor’s bond. Certain states may allow creditors to recover against an executor’s personal assets if the creditor can prove that the unresolved debt was due to the irresponsibility or negligence of the executor.

In most cases, however, the executor resolves legitimate claims by making payments from the estate. If you are a creditor, you should consult an estate litigation lawyer to discuss the preservation and pursuit of your claim. 

What Is the Statute of Limitations for Suing an Executor? 

The statute of limitations for suing an executor is usually around three years, but this can depend on several factors. The most important factors include: 

• State laws – The jurisdiction where the estate is located will determine the statute of limitations according to state law. 
• Nature of the claim – The reason for the lawsuit may influence your time to sue, as different acts of wrongdoing often have different statutes of limitation.
• The timing of the claim – Typically, the statute of limitations applies to the amount of time from the time of wrongdoing. However, it can also apply to the amount of time from the discovery of the claim. 

An attorney is the best resource for understanding the limitations for your unique case. In any case, you should act quickly and consult an attorney as soon as possible after you believe you have grounds for a lawsuit, as the statute of limitations can run quickly.

California Statute of Limitations for an Executor Lawsuit

In California, the statute of limitations is usually three or four years for a breach of fiduciary duty lawsuit. If the violation is considered to be constructive fraud, it will be three years from the date of discovery under California Code of Civil Procedure §338(d). Fraud may include tampering with a will document or breaching their fiduciary duty by using their position for personal gain.

For mostother types of cases, the statute of limitations will likely be four years under the blanket California Code of Civil Procedure §343. Make sure you consult an attorney about your unique case.

Texas Statute of Limitations

In Texas, the statute of limitations for a breach of fiduciary duty lawsuit is four years after the cause of action accrues, according to Texas Civil Practice and Remedies Code chapter 16.004. The accrual of a cause of action refers to the time when wrongdoing is committed. Be sure to consult a Texas attorney for more clarity on your situation because statutes of limitation can be more complex than meets the eye. 

Can you Sue an Executor After Probate Has Ended? 

Yes, you can sue an executor after probate has ended. Liability lawsuits against an executor are handled differently from probate procedure disputes, which must be resolved before probate ends. If you are raising a suit against an executor based on their negligence or wrongdoing, you have between three to four years from the date of the cause of action, or the discovery of the misconduct, even after probate has closed. 

What Happens if You Miss the Statute of Limitations to Sue an Executor?

If you miss the statute of limitations, you may miss your chance to pursue a claim entirely. You must bring your lawsuit within the statute of limitations in order to be given the opportunity to bring up your case in court. 

Keep in mind that it’s not enough to contact an attorney or discuss your claim lawsuit within your time limit. To ensure you meet the statute of limitations, you must formally file a claim with the court within the given timeframe. In other words, it is important to give your potential attorney enough time to evaluate the case, complete the engagement process, and prepare a lawsuit.

What Rights Do Beneficiaries of an Estate Have?

Beneficiaries of an estate have unique rights in the probate and estate administration process. As the individuals in line to receive assets from the estate, the law works to protect their interests as much as possible to ensure they are able to receive their rightful inheritance.

Some of the rights that beneficiaries have: 

• Access to timely information – Beneficiaries have the right to receive timely notification about transactions involving the estate.
• Fair treatment – An executor must act without bias or favoritism toward any specific beneficiaries throughout the administration of an estate. 
• The right to legal recourse – Beneficiaries are entitled to seek legal remedies if they feel their rights are infringed upon at any point.

Beneficiaries have considerable rights and protections—executors cannot override beneficiaries unless they are given the ability to do so in a will. Even then, state laws often identify rights that are so important that a will cannot remove those rights. The legal process is intended to protect the best interests of the estate. If either side is responsible for infringing upon these interests, then the other side may be able to pursue legal recourse.

How to Sue an Executor

After verifying that you have a well-founded claim against an executor you may initiate legal proceedings. If you plan to sue an executor, it’s important that you understand the legal process. For the highest chances of success in your claim, you will need to have sufficient evidence and follow the appropriate procedures. 

Suing an executor involves the following steps:

• Seeking legal support – Consult a probate litigation attorney to understand your options and the necessary procedures.
• Filing with the court – Your lawyer prepares and files a claim with the court using appropriate paperwork and procedures.
• Notifying interested parties – Notify all interested parties of the initiation of the lawsuit, who may include the beneficiaries identified in a will and the deceased’s legal heirs who would inherit if no will existed.
• Gathering evidence – Proving breach of fiduciary duty requires gathering evidence of the executor’s misconduct, such as witness testimony, bank account statements, or inconsistent estate accountings.
• Building a case – With the available evidence, your attorney will help build a case to prove that the executor’s misconduct breached one or more fiduciary duties. 
• Presenting a case before the judge – Your attorney will help you present your case before the judge to argue for a remedy recognized by your state’s laws to right the wrongs committed by the executor. 

Navigating the courts is often a complex process with extensive paperwork and specific deadlines that may be confusing for someone unfamiliar with the necessary steps. Having a probate estate litigation attorney is crucial for providing necessary guidance. 

Alternatives to Suing an Executor

If an issue arises with an executor, then you should consider alternative routes to address concerns with an executor outside of court. Litigation through the courts is often costly and time-consuming, so it’s best to pursue an alternative resolution whenever possible. 

Alternative dispute resolution methods may include: 

• Negotiation – Negotiations between beneficiaries and an executor may help resolve disagreements or address appropriate restitution without litigation.
• Mediation – Sessions with the support of a third-party mediator can help address a conflict and find a compromise that appeases all parties.
• Arbitration – In a process that is more involved than mediation, but less complex than full litigation, all parties go before a judge to present their side and the judge will make a decision designed to satisfy all sides. 

Alternative dispute resolution methods can often bring about a favorable outcome between all sides. For example, if an executor is failing to communicate with beneficiaries, the mediation process can bring about an agreement for moving forward without more extensive legal action or a significant disruption to probate.

Beneficiaries may also consider executor removal proceedings, in which the probate court strips the executor’s powers to act on behalf of an estate.

What Are the Potential Outcomes of a Lawsuit?

The outcomes of a lawsuit will depend on the circumstances of the case and the strength of the case you present before the judge. The court will rule whether an executor engaged in misconduct based on the evidence presented.

If you succeed in proving the executor breached one or more duties, the most likely outcomes include: 

• Economic damages – The executor personally pays cash to the estate or its beneficiaries.
• Executor removal and replacement – Some states allow probate courts to remove and replace executors for serious misconduct, even if the beneficiary has not filed a motion to remove the executor.
• Ordering an executor to take action – If the dispute arises against an executor for failing to act on their responsibilities, the court may order an executor to act and may choose not to implement further disciplinary action unless they fail to comply.

In instances where the court finds that an executor’s misconduct resulted in financial losses to the estate, it may rule that the executor must compensate for these losses by paying directly to the estate or, in some cases, to its beneficiaries. 

On the other hand, if the court finds that there was no breach of fiduciary duty, they may rule that the executor has a right to remain in their role and they have no obligation to make any reimbursements to the estate.

Find an Experienced Probate Litigation Attorney at RMO Lawyers

Typically, you have about 3 to 4 years to sue an executor, depending on the nature of the lawsuit. Regardless, you should seek the advice of a professional attorney to help you follow through with your lawsuit and ensure you are following all the necessary procedures.

Whether you are a beneficiary seeking to raise a dispute against an executor or an executor seeking to defend against a claim, RMO Lawyers can help. Our probate litigation attorneys will help you build a winning strategy to preserve your rights and defend the best interests of the estate.

Schedule a free consultation with our attorneys at RMO to learn more about how we can help.