Can I become the personal representative of my sister’s estate?

Short answer: Possibly. In Texas, a close family member—such as a sibling—can often serve as the personal representative (called an executor if named in a will, or an administrator if appointed by the court). Whether you can serve depends on whether there is a valid will, who the will names, whether you meet the court’s eligibility requirements, and whether someone else with higher priority objects.

Detailed answer — How appointment works in Texas

Texas law governs who may be appointed to administer a deceased person’s estate through the Texas Estates Code. The process and your ability to serve depend on two broad scenarios:

1) There is a valid will that names a personal representative (executor)

If your sister left a valid will and the will names you as the executor (personal representative), the probate court generally gives preference to the person named in the will. To be appointed you must file the will and an application for probate in the appropriate Texas probate court. The court will confirm the will, check that you are eligible (see eligibility notes below), and then issue “letters testamentary” or similar documentation that gives you legal authority to act for the estate.

2) There is no will (intestate) or the named person cannot serve

If your sister died without a will, or the named executor is unwilling/unable to serve, the court will follow the statutory order of preference to appoint an administrator. This order usually gives priority to close family members (spouse, adult children, parents, then siblings). A sister can be appointed administrator if she has the highest priority among interested persons who apply and if the court finds her suitable.

Eligibility and disqualifying issues

• Age and capacity: You typically must be an adult and legally competent.
• Criminal convictions: Certain felony convictions or crimes involving moral turpitude can make a person ineligible to serve—courts will consider a proposed personal representative’s background.
• Conflicts of interest: If you have a serious conflict (for example, you were accused of wrongdoing related to the decedent’s death or fraud), the court may refuse to appoint you.
• Bond requirements: The court may require a bond (insurance protecting the estate) unless the will waives bond or the court waives it for good reason.

Basic steps to become (and act as) personal representative in Texas

1. Locate the original will (if any) and gather key documents: your sister’s death certificate, asset lists, and beneficiary contact info.
2. File an application for probate or for appointment as administrator in the proper Texas probate court (county court or statutory probate court where your sister lived).
3. Give legal notice to heirs and interested parties. The court will set a hearing if necessary.
4. If appointed, the court will issue written authority (letters) and may set bond and initial duties.
5. As personal representative you will inventory assets, notify creditors, pay valid debts and taxes, and distribute remaining property according to the will or Texas intestacy rules. You must often file periodic reports and a final accounting with the court.

Where to find the controlling Texas law

The rules that govern appointment and duties are in the Texas Estates Code (Title 2 — Administration of Estates) and related probate rules. You can read the Texas statutes and search the Estates Code on the Texas Legislature’s website: https://statutes.capitol.texas.gov/. For practical probate procedure info from the Texas judiciary, see the Texas Courts probate information pages at https://www.txcourts.gov/programs-services/probate/.

Common scenarios and examples

Example 1 — There is a will naming you: If your sister’s will names you as executor and you are willing and eligible, you would file the will for probate and normally become the personal representative after the court appoints you.

Example 2 — No will: If your sister left no will and you are her only close relative available or you have priority under Texas’s preference rules, you can petition the probate court to be appointed as administrator. If a spouse or child has higher priority, the court may appoint them instead.

Helpful hints — Practical steps and tips

• Find the original will and keep it secure. The original document is usually required for probate.
• Get multiple death certificates early—courts and financial institutions require certified copies.
• Talk to heirs and potential interested parties in advance to reduce surprises and objections.
• Check whether the will waives bond. If it does not, prepare for the possibility of a bond requirement and the associated cost.
• Keep thorough records and receipts for all estate transactions and communications.
• If assets are small, investigate simplified or small-estate procedures available in Texas—those can avoid full probate in some cases.
• Consider consulting a probate attorney if the estate involves real estate, business interests, contested issues, or complicated tax concerns.

When you should consider getting legal help

Probate is often straightforward, but it can become complex when there is no will, when heirs contest the appointment, when creditors make claims, or when large assets or tax issues exist. If you expect disputes, have questions about bond or eligibility, or want to be sure you meet all reporting duties, contact a Texas probate attorney to protect yourself and the estate.

Disclaimer: This article is for general informational and educational purposes only. It does not constitute legal advice, and it does not create an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in Texas.