Detailed Answer
When someone dies without a will in Texas, the estate is “intestate.” The court appoints an administrator to manage and distribute assets per Texas’s intestacy laws. A potential heir can become administrator by following these steps under the Texas Estates Code.
1. Determine Eligibility and Priority of Appointment
Texas Estates Code §303.001 establishes who Texas courts prefer when appointing an administrator. The order is:
- Surviving spouse
- Children of the decedent
- Parent of the decedent
- Sibling of the decedent
- Other heirs by blood
If multiple people share the same priority level (for example, two children), they may agree among themselves who will serve. If they cannot agree, the court selects one.
2. File an Application for Letters of Administration
The chosen heir (or an interested person) files an application in the probate court of the county where the decedent lived. The application must include:
- A verified statement of interested persons (Certificate of Interested Persons) per Tex. Est. Code §401.101.
- Proof of death (certified death certificate).
- Heirship information (names, relationships, and addresses of heirs).
The court clerk will assign a case number and schedule a hearing or allow issuance without a hearing if there’s no objection.
3. Take the Oath and Post Bond
Before the court issues Letters of Administration, the administrator must:
- Take the required oath under Tex. Est. Code §304.052.
- Post a fiduciary bond, unless waived. Bond requirements appear in §308.051. The bond protects the estate against mismanagement.
4. Receive Letters of Administration
Once the court approves the application, oath, and bond, it issues Letters of Administration. These letters grant the administrator legal authority to:
- Gather and secure estate assets.
- Notify creditors and pay valid debts.
- File tax returns.
- Distribute property to heirs following the intestacy rules in Tex. Est. Code §201.001 et seq.
For full statutory guidance, see Texas Estates Code Chapter 401.
Helpful Hints
- Gather certified copies of the death certificate before filing.
- Prepare a clear family tree or heirship affidavit to prove relationships.
- Discuss bond waiver options if you are the sole heir.
- Confirm local probate court filing fees and procedures.
- Notify all potential heirs of the application to minimize objections.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney for personalized legal guidance.