Understanding Administrator Appointment and Heir Priority in Texas Probate
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
Under Texas law, the court appoints an administrator for an estate based on a statutory order of priority. See Texas Estates Code § 305.001.
- Primary heir: Surviving spouse.
- Next in line: Children or descendants.
- Other heirs in order: parents, siblings, more distant relatives, then creditors or a public administrator if no relatives qualify.
If a higher-priority heir is eligible, a lower-priority person—such as our client—must qualify under one of these exceptions to secure appointment:
- Renunciation or written waiver by the higher-priority heir under Texas Estates Code § 305.051. The heir must sign and file a renunciation in the probate court.
- Failure of the higher-priority heir to qualify within 10 days after citation under Texas Estates Code § 305.052. If the heir does not appear and qualify, they lose their priority.
- Incapacity or legal disqualification. A court may bypass an heir who is mentally incapacitated or otherwise disqualified.
To proceed, the client should:
- File an Application for Letters of Administration, stating the factual basis and citing the relevant statute.
- Attach any renunciation or proof of nonqualification.
- Serve notice on potential heirs per Texas Estates Code § 201.051.
- Attend the probate hearing to demonstrate entitlement.
Once the court finds the higher-priority heir has renounced, failed to qualify, or is disqualified, it may appoint the client as administrator.
Helpful Hints
- Review the estate’s heirship before filing to identify all interested parties.
- Act quickly—deadlines to qualify or object can be short.
- Gather signed renunciations or waivers early to streamline the process.
- Keep accurate service records to avoid procedural delays.
- Consider hiring a probate attorney to navigate complex rules.