Serving as Administrator for a Parent Who Died Intestate in Texas: FAQ and Step-by-Step Guide

Short answer: If your mother died without a will in Texas (intestate), you can ask the probate court in the county where she lived to appoint you as the administrator (personal representative). The basic steps are: confirm venue, identify heirs, prepare and file an application for letters of administration with the probate court, provide required notices, appear at the court hearing, and if appointed, qualify (oath and bond as required) and then administer the estate under court supervision or as an independent administrator if allowed.

Detailed answer — how to apply to serve as administrator under Texas law

This section explains the typical, practical steps under Texas probate practice. Procedures can vary by county (some counties have statutory probate courts; others use county courts-at-law). Always check local court rules and consult a probate clerk or attorney for complicated estates.

1. Confirm the correct court and venue

File your application in the probate court of the county where your mother was domiciled (her primary home) when she died. Larger counties have statutory probate courts; smaller counties use the county court or county court at law. The courthouse clerk can tell you which court hears probate matters in that county.

2. Determine who may serve and who has priority

Texas prefers certain people to act as the decedent’s personal representative. Typically, a surviving spouse or an adult heir (a child or other heir under intestacy rules) may be appointed. If multiple people want appointment, the court will consider priority and fitness. If you are an interested person (heir, creditor, or spouse), you may apply.

3. Identify the heirs and collect basic information

Because your mother died without a will, her property will pass under Texas intestacy rules. Before you file, identify likely heirs (spouse, children, parents, siblings) and collect their names, addresses, and relationships. The court and potential beneficiaries need this information.

4. Gather required documents

• Certified copy of the death certificate.
• Information about the decedent’s assets (bank accounts, real estate, vehicles, life insurance, retirement accounts).
• Contact information for heirs and known creditors.
• Any paperwork about prior estate planning attempts (no will, but any notes or unsigned drafts).

5. Prepare and file the application for letters of administration

You will file a petition or application asking the court to appoint you as administrator (often titled something like “Application for Appointment of Administrator” or “Application for Letters of Administration”). Typical contents include:

• The decedent’s name, date of death, and last residence.
• A statement that the decedent died intestate (without a will).
• Your relationship to the decedent and that you are an interested person seeking appointment.
• Names and addresses of heirs and heirs-at-law.
• A list of known assets and an estimated value (if known).
• A request for issuance of letters of administration and for appointment as personal representative.

Filing also requires paying the court’s probate filing fee. The clerk can tell you the local fee and provide the correct form or local required statements.

6. Notice and a court hearing

After you file, the court sets a date for a hearing. Texas law requires notice to interested persons (heirs, spouse, perhaps devisees if there were a will). Some courts require a statutory waiting period for service or publication if heirs are unknown or outside Texas. You may need to provide proof of service or mailed notice before the hearing.

7. Oath, bond, and issuance of letters

If the court appoints you, you must usually take the required oath and file a bond unless the court waives the bond or you qualify for independent administration without a bond. Whether the court requires a bond and the amount depends on estate size, whether heirs consent, and local rules.

8. Administer the estate

Once you qualify and receive letters of administration, your duties include:

• Notifying known creditors and publishing notice to unknown creditors as required.
• Collecting assets and managing estate property.
• Paying valid debts, taxes, and administrative expenses from estate assets.
• Preparing an inventory, appraisement, and list of claims if the court requires them.
• Distributing the remaining assets to heirs under Texas intestate succession law.
• Filing a final accounting and petition to close the estate when administration is complete.

Key Texas law resources and rules

Texas statutes governing probate and estate administration are codified in the Texas Estates Code. You can review the Estates Code and get more information from the Texas legislative site and the Texas judicial branch:

• Texas Estates Code (statutes): https://statutes.capitol.texas.gov/?link=ES
• Texas Judicial Branch — Probate and guardianship information: https://www.txcourts.gov/programs-services/probate/
• Practical self-help resources and forms (TexasLawHelp): https://texaslawhelp.org/article/probate-basics-intestate-administration

Common questions people ask

How long does the process take?

Timing varies. Simple estates can move through appointment in a few weeks to a few months (depending on notice requirements and court schedules). Full administration, including collecting assets, resolving debts, and distributing property, often takes many months to a year or more.

Do I need a lawyer?

You are not required to hire a lawyer, but probate law has deadlines, procedural rules, and fiduciary duties. If the estate has real estate, substantial assets, tax issues, disputes among heirs, or complicated creditor claims, an attorney can help avoid mistakes and reduce personal liability.

Can I serve if I live out of state?

Yes, nonresident personal representatives may serve, although the court could require a Texas resident co‑representative or a bond at its discretion. Local rules vary.

What if someone objects to my appointment?

Interested persons may object and present evidence at the appointment hearing. If objections succeed, the court may appoint a different administrator or hold a contested hearing to decide who is best suited to serve.

Helpful Hints

• Contact the probate clerk in your mother’s county right away. They can tell you the local forms, filing fee, and which court handles probate cases there.
• Get several certified copies of the death certificate early — banks and other institutions will request certified copies to release assets.
• Create a simple inventory of known accounts, titles, insurance policies, and debts before you file. That helps draft the petition and saves time later.
• Talk privately with other close heirs in advance. If all adult heirs agree to your appointment and sign waivers or consents, the process can be much simpler and could allow independent administration (check local practice and statutes).
• Keep clear records and separate notes or accounts for estate activity. As an administrator you have fiduciary duties; good records protect you and the beneficiaries.
• If real property is involved, check whether deeds, mortgages, or beneficiary designations mean the asset passes outside probate (e.g., payable-on-death accounts or joint tenancy). Those may not require administration.
• If you’re uncertain, schedule a short consultation with a probate attorney to review the estate’s complexity and your personal liability if you serve.

Disclaimer: This article explains general principles of Texas probate practice. It is educational only and does not constitute legal advice. For advice about your specific situation, consult a licensed Texas attorney.