Detailed answer

1. What does it mean to be an administrator?

When a person dies without a valid will in Texas, the probate court appoints a person to collect the decedent’s assets, pay debts and taxes, and distribute what remains to the legal heirs according to Texas intestacy law. That appointed person is commonly called an administrator or more broadly a personal representative. The court issues official documents (letters or letters of administration) that give legal authority to act for the estate.

2. Which court handles the appointment?

Probate is handled by the county probate court, statutory probate court, or county court at law in the county where the decedent was domiciled (lived) at death. Check with the county clerk or the Texas Judicial Branch for the correct court in your county: Texas Judicial Branch — Probate Courts. General statutes that govern probate and administration are in the Texas Estates Code: Texas Statutes (Estates Code).

3. Who can be appointed? How does priority work?

Texas gives priority to certain people when appointing an administrator. Typically, the closest family members are first in line — for example, a surviving spouse or adult child. If multiple people in the same priority class want appointment, the court decides who is best suited. If no family member is available or suitable, a creditor or other interested person may apply.

4. Practical steps to get appointed

1. Locate the correct probate court in the county where your dad lived.
2. Prepare and file an application for appointment as administrator (often called an “Application for Letters of Administration” or similar). The application will ask for basic facts about the decedent, heirs, and your relationship.
3. Provide the court with a certified copy of the death certificate.
4. Prepare an affidavit or list of heirs and next of kin. Courts must know who is entitled to notice.
5. Give required notice to heirs, interested persons, and sometimes creditors according to court rules.
6. Attend a hearing, if one is scheduled. If no one contests, the court may appoint you without a lengthy hearing.
7. If the court appoints you, you’ll receive letters (letters of administration or letters testamentary for an estate) authorizing you to act on behalf of the estate. You may need to post a bond unless the court waives it (bond is often waived when the heirs agree or Texas law allows it).

5. What paperwork and information will be required?

Typical documents and information include:

• Certified death certificate(s).
• Application for appointment signed under oath.
• Names, addresses and contact information for all heirs and interested persons.
• Statement of assets and known debts (bank accounts, real estate, vehicles, insurance, retirement accounts).
• Court filing fee and any bond if required.

6. Are there quicker or simpler alternatives to full probate?

Yes. Depending on the value and type of property, you may be able to avoid formal probate or use simplified procedures:

• Small estate procedures or statutory affidavits: For modest personal property, Texas law provides procedures that let authorized persons collect certain assets without formal administration. Whether a small estate affidavit applies depends on the type and value of assets and whether there is real property. Check the Estates Code and court rules or consult the county clerk.
• Non-probate assets: Accounts that have payable-on-death (POD) or transfer-on-death (TOD) designations, life insurance with named beneficiaries, and jointly owned property may pass outside probate.

Because limits and rules change and depend on facts, confirm eligibility for simplified procedures with the county clerk or an attorney.

7. Duties and responsibilities after appointment

As administrator you must act in the estate’s best interest and follow court orders and Texas law. Typical duties include:

• Safeguard estate property.
• Provide notice to creditors and pay valid debts and taxes.
• Inventory estate assets and, if required, file an inventory with the court.
• Distribute remaining assets to heirs under Texas intestacy rules.
• Keep records and provide accountings as the court requires.

8. Timeline and costs

Timelines vary. If the petition is uncontested and the court is not busy, an appointment can be completed in a few weeks. If contested or the estate is complex, it can take months. Expect court filing fees, possible bond costs, publication or notice costs, attorney fees if you hire counsel, and costs associated with appraisals or taxes.

9. Common problems and how to avoid them

• Missing or incorrect notice to heirs can delay appointment — gather accurate contact information early.
• Multiple family members wanting appointment can cause disputes — consider using written renunciations or reaching an agreement before filing.
• Not securing assets (vehicles, bank accounts, real estate) can create loss or creditor claims — safeguard property immediately.

10. When to get a lawyer

Consider consulting a probate attorney if:

• Heirs are in conflict or there is a dispute about who should be appointed.
• The estate includes complex assets (business interests, out-of-state real estate) or significant debts.
• You are unfamiliar with court procedures and want help preparing filings, notices or accountings.

Helpful Hints

• Order multiple certified death certificates right away — banks and agencies usually require originals.
• Make a list of all possible heirs, with contact info. Accurate lists speed up notice and reduce delays.
• Secure valuables and change locks if necessary to protect property.
• Locate bank statements, title documents, deeds, life insurance policies, retirement accounts and recent tax returns before filing.
• If everyone who has priority agrees you should be administrator, get written renunciations from others; courts often waive bond when heirs agree.
• Ask the county clerk for a local probate instruction sheet — many counties publish step-by-step checklists and required forms.
  Visit the Texas statutes site for the governing law: Texas Statutes (Estates Code) and the Texas Judicial Branch for probate court information: Texas Judicial Branch — Probate Courts.
• Keep careful, dated records of every transaction and communication you make on behalf of the estate; you may be asked to account to the court.