Applying to Be Appointed Personal Representative in Texas: FAQ and Step-by-Step Guide

Disclaimer: This is general information and not legal advice. If you need help with a specific case, consult a licensed Texas attorney or the probate clerk in the county where the decedent lived.

Detailed Answer

If a relative has died and you want to be appointed as the personal representative (sometimes called an executor or administrator) of their estate in Texas, you will generally follow the probate process in the county where the decedent was domiciled. The exact steps depend on whether there is a will, whether the estate qualifies for a simplified process, and whether the decedent’s will names a particular person to serve.

1. Decide whether probate is required

Not every death requires a full probate case. If the decedent left joint accounts, payable-on-death beneficiaries, certain small assets, or property held in trust, those assets may pass outside probate. If probate is needed because assets are solely in the decedent’s name, you will typically open a probate case in the county court at law or statutory probate court where the decedent lived.

2. Determine the correct type of proceeding

• Testate probate (there is a will): File an application to probate the will and to appoint the personal representative named in the will (or, if that person cannot serve, to appoint someone else).
• Intestate administration (no valid will): File an application for administration to have a court appoint an administrator to gather assets and distribute them under Texas law.
• Small-estate or simplified procedures: Texas law provides simplified options for limited circumstances — check whether the estate qualifies for an affidavit or other streamlined release process before filing full probate. See Texas Estates Code, Chapter 205 for small-estate procedures.

Statute reference (independent administration and simplified procedures): Texas Estates Code, Chapter 401 (independent administration) and Chapter 205 (small estate affidavits and simplified procedures). See: Tex. Estates Code §401 (independent administration) and Tex. Estates Code §205 (small estate affidavit).

3. Who may apply

Priority to be appointed usually follows the decedent’s express appointment (the named executor in a will). If no one is named or the named person declines or is disqualified, interested persons — typically the surviving spouse, adult children, parents, or other heirs — may apply. If contest arises, the court will determine who is entitled to appointment under Texas law. See the Estates Code for rules on who may apply and appointment priority.

Relevant statute sections on application and appointment are in the Estates Code (see Chapters dealing with appointment and administration). For general guidance see: Tex. Estates Code (application and appointment provisions).

4. Documents and information you typically must file

1. Original will (if there is one). The court will want the original to prove it.
2. Death certificate (certified).
3. Application for probate or for administration (the court provides local forms; many counties post them online).
4. Names and addresses of heirs and beneficiaries (and their addresses if known).
5. Estimated inventory or statement of the decedent’s assets and their approximate values.
6. Any required filing fee and, in some cases, a bond (bond can be waived if the will or court orders independent administration).
7. Affidavits or waivers from beneficiaries if they agree to the appointment and want to avoid formal notice or bond.

5. Notice, hearing, and appointment

After you file the application, the court will require notice to interested persons (heirs and beneficiaries). If no one contests the appointment, the court will set a hearing. At the hearing the judge will determine whether to admit the will (if any) and appoint the personal representative. The appointee will take an oath, post bond if required, and receive Letters Testamentary or Letters of Administration, which are the court documents that prove authority to act for the estate.

6. After appointment — duties of the personal representative

• Locate and secure estate assets.
• Provide required notices to creditors and publish notice if required.
• Inventory estate assets and manage them prudently.
• Pay valid debts and taxes from estate funds.
• Distribute remaining assets to heirs and beneficiaries according to the will or Texas intestacy law.
• File final reports or accountings if the court requires them and formally close the estate.

Independent administration (if allowed by the will or ordered by the court) reduces ongoing court supervision and can simplify many tasks. See Tex. Estates Code §401.

7. Practical notes and timelines

Timelines vary by county and complexity of the estate. Simple uncontested probates can be completed in a few months; complex estates, contested matters, or large creditor claims may take a year or more. Filing fees, publication fees, and attorney fees (if you hire one) will affect costs.

Helpful Hints

• Contact the probate clerk in the county where the decedent lived before filing — clerks can explain local forms and filing fees.
• Locate the original will before you file. Many courts will not accept a photocopy for probate.
• Make a list of likely heirs, beneficiaries, and assets before filing. The court will ask for this information on the application.
• If you are named in the will, bring proof of identity and your relationship to the decedent to the hearing.
• Consider whether the will authorizes independent administration. If so, bond may be waived and ongoing court supervision reduced.
• If the estate appears small, ask the probate clerk about simplified or affidavit-based procedures to avoid full probate. See Tex. Estates Code Chapter 205.
• Be mindful of creditor deadlines. The court or statutes set time limits for creditors to present claims.
• If anyone contests the appointment or the validity of the will, seek legal help — contested probates can be complex and require litigation steps.
• Keep careful records and receipts for all estate transactions; you may need to account to the court or beneficiaries.
• When in doubt, consult a Texas probate attorney for guidance tailored to your situation.

Helpful statutory links: Tex. Estates Code Chapter 401 (Independent Administration), Tex. Estates Code Chapter 205 (Small Estate Affidavits / Simplified Procedures), and general Estates Code provisions available at the Texas statutes website: statutes.capitol.texas.gov.

Final reminder: This article provides general information on Texas probate procedures. It does not create an attorney-client relationship and does not constitute legal advice. For specific legal questions, contact a licensed Texas attorney or the local probate court.