Detailed Answer
This section explains, in plain language, the typical steps to be appointed as an estate administrator or a co-administrator in Texas, what the court will consider, and what you should prepare. This is educational information only and is not legal advice.
1. Confirm whether probate is needed and which role applies
First, determine whether the decedent left a valid will. If there is a valid will that names an executor, the named executor usually seeks appointment (letters testamentary). If there is no will, or the named executor cannot or will not serve, the court appoints an administrator (letters of administration). If you and others plan to share the duties, you can ask the court to name co-administrators, but the court decides whether to allow multiple appointees.
2. Determine the correct county and court to file
File the probate or administration application in the county where the decedent resided at death or where the decedent owned real property. In Texas, probate and appointment matters are handled by the statutory probate court, county court, county court at law, or district court depending on the county. For statewide statute text, see the Texas statutes index: https://statutes.capitol.texas.gov/. For information on the probate process and local court types, see the Texas Judicial Branch probate resources: https://www.txcourts.gov/programs-services/probate/.
3. Check priority rules for appointment
Texas law follows a priority list when appointing a personal representative. Typical priorities are the person named in the will (if any), the surviving spouse (in many circumstances), adult children, other heirs, and creditors. The court will consider who is qualified and suitable to serve. If multiple people have equal priority and agree, the court may appoint them jointly as co-administrators; if they disagree, the court will choose the most appropriate person(s).
4. Prepare the application/petition
The petitioner (the person asking to be appointed) files a sworn application or petition for Letters of Administration (or for probate if a will exists). The petition typically includes:
- Decedent’s full name and date of death;
- County where decedent resided;
- Whether a will exists and, if so, where it is filed or kept;
- Names and addresses of heirs and beneficiaries (to the extent known);
- Facts supporting the petitioner’s priority to be appointed;
- Whether the petitioner requests to serve alone or jointly (co-administrator).
5. File the petition and pay filing fees
File your petition with the appropriate probate court and pay the required filing fee. Many counties provide probate filing instructions and forms online. The court clerk will set the matter for hearing and give you instructions about notices, bonds, and other procedural requirements.
6. Provide notice and allow for objections
Texas procedure requires notice to heirs, beneficiaries, and sometimes creditors. The court will require proof that interested persons received proper notice. Interested persons have the opportunity to object to the appointment at the hearing or by filing a contest.
7. Bond requirements
Courts often require a fiduciary bond (surety bond) to protect estate creditors and beneficiaries. The amount depends on estate assets and whether the will waives bond. If you ask to be co-administrator, the court may require separate bonds or a single bond covering both administrators.
8. Attend the appointment hearing
At the hearing the judge will confirm facts, review any objections, and decide whether to issue letters of administration (or letters testamentary). If the judge appoints you, the court issues official documents (letters) that prove your authority to act for the estate.
9. After appointment — immediate practical steps
- Get certified copies of letters and the death certificate.
- Open an estate bank account to keep estate funds separate.
- Inventory and secure estate assets as required by the court (exact requirements vary by type of administration).
- Give notice to creditors and manage estate claims within the statutory deadlines.
- Prepare interim and final accounts if the court requires them.
- Distribute assets only after debts, taxes, and expenses are properly resolved or when the court authorizes distribution.
Co-administrators: special considerations
Co-administrators share the powers and duties of administration. The court may limit or define how duties are divided. Co-administrators should coordinate closely, keep detailed records, and obtain court approval before making major estate decisions if required. If co-administrators disagree, the court can resolve disputes or remove a co-administrator for cause.
Common Texas statutory themes and resources
Texas statutory law governs who may be appointed, how probate or administration is initiated, and the duties of a personal representative. For authoritative text and to look up the specific statutory provisions that apply to your matter, consult the Texas statutes website: https://statutes.capitol.texas.gov/. For practical guidance about probate courts and local rules, see the Texas Judicial Branch probate information: https://www.txcourts.gov/programs-services/probate/.
When you should consult an attorney
If the estate is large, contains real property in multiple counties, has contested heirs or creditors, involves tax issues, or if co-administrators anticipate disputes, consult a licensed Texas attorney who practices probate or estate administration. An attorney can prepare pleadings, help obtain required bonds, represent you at hearings, and reduce personal liability risk.
Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Texas attorney.
Helpful Hints
- Locate the original will (if any) before filing. That speeds the probate process.
- Gather a certified copy of the death certificate early; courts and banks require it.
- Make a short list of known heirs, beneficiaries, and creditors with contact information before you file.
- Ask the court clerk for local probate forms and a checklist. County clerks often have templates and instructions.
- If you expect to serve as a co-administrator, prepare a written division of responsibilities to present to the court and to keep with estate records.
- Keep all estate funds and transactions separate from your personal finances. Use an estate bank account and retain detailed receipts.
- Understand bond options: a surety company typically issues fiduciary bonds. The cost depends on the bond amount and your credit history.
- Track deadlines carefully. Missing notice or creditor deadlines can create personal liability for the administrator.
- If someone objects to your appointment, remain professional and consider mediation or legal counsel early to avoid costly litigation.
- Before distributing assets, get the court’s sign-off or confirm that all debts and taxes are resolved to avoid later personal claims against you.