Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your situation, consult a licensed Texas attorney.

Detailed answer — Overview of contesting an application for letters of administration in Texas

If a sibling has filed an application for letters of administration (appointment as administrator) in a Texas probate court and you believe you should oppose that appointment, act quickly. An interested person may contest who should be appointed, whether the applicant qualifies, or whether letters should issue at all. The court will decide appointment based on Texas law and the facts presented.

Key legal authorities

The Texas Estates Code governs appointment of administrators and related issues. See Texas Estates Code, Chapter 201 (appointment and priority for appointment):
https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm.

Also consult the Texas Judicial Branch probate resources for court-specific filing information and local rules:
https://www.txcourts.gov/services/finding-court-forms-and-rules/.

Who has standing to contest?

“Interested persons” typically can object. That includes heirs, beneficiaries, creditors, or others with a legal stake in the estate. If you are a potential heir or beneficiary, you generally have standing.

Common grounds to contest an application

• Priority: someone else (spouse, child, other heir) has statutory priority to be appointed.
• Disqualification: the applicant is ineligible (e.g., convicted of certain crimes, non-resident issues, or otherwise disqualified under the Estates Code).
• Unsuitability: the applicant is unfit — due to incapacity, conflict of interest, or other conduct that would harm the estate.
• Fraud or misrepresentation in the application.
• Existence of a valid will (where a will names an executor) that has not been probated.

Practical step-by-step process

1. Get the court file copy of the application and any exhibits. Go to the probate clerk in the county where the application was filed and request the docket sheet and copies of the filing.
2. Confirm deadlines. Some deadlines for noticing or filing a contest are short. Ask the clerk how notice was served and whether a hearing date has been set.
3. Prepare your written pleading. Typical pleadings include an “Answer and Contest to Application for Letters of Administration” or a simple “Contest/Objection.” The pleading should: identify the case, state your standing, describe the specific objections and legal grounds, and request a hearing and specific relief (for example, deny letters to the applicant and appoint another person or set bond conditions).
4. File the contest with the probate court and pay any filing fees. File the original pleading with the county probate clerk and obtain a file-stamped copy and a hearing date if the clerk schedules one.
5. Serve the applicant and other interested persons. Service must comply with the Estates Code and the Texas Rules of Civil Procedure. Proper service is required so the court has jurisdiction to consider your contest.
6. Collect evidence and witnesses. Typical evidence includes the decedent’s family information, records showing applicant’s unsuitability (criminal records, proof of conflict), medical records (if capacity is at issue), or a competing will. Prepare affidavits and documentary exhibits to support your position.
7. Attend the hearing. Be ready to present your evidence and legal arguments. The court may resolve the contest at hearing, continue the case for further proof, or issue interim orders.

Possible outcomes

• The court may deny the sibling’s application and appoint someone else (you or another qualified person).
• The court may allow the letters to issue but impose conditions (increased bond, restricted powers, or court supervision).
• The court may dismiss your contest if you lack standing or fail to prove your objections.

Emergency steps if letters already issued

If the court already issued independent administration letters and you fear harm to estate assets, you may file a motion to restrict or remove the administrator and ask the court for temporary relief. Emergency relief could include asking the court to require an accounting, increase bond, or freeze certain transactions. These remedies vary by case facts; obtain counsel promptly.

Evidence and preparation checklist

• Certified death certificate
• Copy of the sibling’s application for letters
• Proof of your relationship and heirship (family records, affidavits)
• Any will or testamentary documents (if they exist)
• Evidence supporting disqualification or unsuitability (criminal records, financial records showing conflicts, medical records if capacity is at issue)
• Witness names and contact information

Costs and bond issues

The court may require the administrator to post a bond as a condition of receiving letters. If you succeed in preventing appointment you may avoid a problematic administrator — but expect court costs, possible bond disputes, and attorney fees. Texas courts sometimes allow recovery of costs in estate litigation depending on the outcome and statutory authority.

When to hire an attorney

If the estate has significant assets, the dispute is complex, or the other party is represented, retain a probate attorney. An attorney helps craft pleadings, collect admissible evidence, and present legal arguments to the court. Even for smaller estates, a short consultation is often helpful to understand deadlines and strategic options.

Local rules and next steps

Procedures vary by county. Contact the county probate clerk for local filing rules and the court’s scheduling practice. Use the Texas Judicial Branch site for links to county courts and forms: https://www.txcourts.gov/services/finding-court-forms-and-rules/.

Helpful Hints

• Act quickly. Probate matters move fast. Missing a near-term hearing or failing to file a timely contest can limit your options.
• Confirm who is an “interested person” early. That determines standing to contest. If unsure, ask the clerk or an attorney.
• Always get certified copies of filings and the decedent’s death certificate from the court clerk. Those documents are essential for your case.
• Keep detailed records of communications with the applicant and the court. Note dates, times, and substance of conversations.
• Consider narrow relief first. If full removal of the applicant is unlikely, request limited powers, bond increases, or court supervision as interim protections for the estate.
• Be professional in filings and at hearings. Clear, factual pleadings and reliable evidence strengthen your position.
• Use the Texas Estates Code as your starting point. See Chapter 201 for appointment rules: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm.
• If money or real estate is at stake, consult a probate attorney early. Costs of litigation can exceed estate value in small estates if not managed carefully.