How to Become the Administrator of an Intestate Estate in Texas

Short answer: If your sister died without a will in Texas, you can ask the probate court in the county where she lived to appoint you as the personal representative (often called an administrator or independent executor). You must file an application for letters of administration, show you are an eligible heir or have priority under Texas law, possibly post a bond, and follow the court’s procedures for notifying heirs and creditors. This article explains the typical steps, who has priority, what the job involves, and practical tips to prepare.

Detailed Answer — Step by step under Texas law

Note: This is a general guide and not legal advice. See the disclaimer at the end.

1) Where you file

Probate proceedings are handled by the Texas county probate court, statutory probate court (if the county has one), or the county court at law that has probate jurisdiction where the decedent was domiciled (lived) at death. You file your application in that court.

See the Texas Estates Code and the Texas statutes index for probate jurisdiction and local rules: Texas Estates Code (Index).

2) Who is eligible and the order of priority

When someone dies without a will (intestate), Texas law gives priority for appointment of a personal representative to certain people in a set order. Typical priority order is:

• Surviving spouse
• Adult children (or their descendants)
• Parents
• Other heirs such as siblings
• Creditors or any other qualified person if no family claimant is available

So, as a sister you may be eligible, but your exact priority depends on whether a surviving spouse, children, or parents survive. The Texas intestacy and appointment rules are in the Estates Code. See Intestate Succession: Texas Estates Code, Chapter 201 (Intestate Succession).

3) Documents you will typically prepare and file

• Application for Letters of Administration (also called Application for Probate of Intestate Estate or Application for Issuance of Letters).
• Death certificate for your sister.
• Affidavit or proof of heirship or a completed family tree listing heirs and addresses.
• Oath or bond forms (court may require a bond; sometimes the court waives bond).
• Renunciations from other heirs (if applicable), or waiver forms if other heirs agree you should serve.
• Proposed letters (official document the court issues that authorizes you to act).

The county clerk or probate court’s website usually has local forms and filing fee information. If someone contests your appointment, additional pleadings are required and the court will schedule a hearing.

4) Court hearing, bond, and issuance of letters

After filing, the court will review the application. If there is no contest and you meet the eligibility requirements, the court will appoint you and issue letters of administration (letters testamentary/letters of administration). The court may require you to post a bond to protect estate creditors and heirs. In many cases you can ask the court to waive or reduce the bond if permitted.

5) Duties once appointed

As administrator you have fiduciary duties. Common duties include:

• Identifying and securing estate assets (bank accounts, real property, personal property).
• Inventory and appraisement as required by the court.
• Providing legal notice to known creditors and publishing notice to unknown creditors where required.
• Paying valid debts, taxes, and funeral expenses from estate assets.
• Filing accountings or reports with the court and seeking approval for distributions.
• Distributing remaining assets according to Texas intestacy rules.

6) How the estate is distributed (intestate succession basics)

When there is no will, Texas law sets how the estate passes to survivors. Distribution depends on which relatives survive (spouse only, spouse and children, children only, parents, siblings, etc.). For the exact distribution rules, review the Texas Estates Code on intestate succession: Texas Estates Code, Chapter 201.

7) Timeline and closing the estate

There is no fixed universal timeline—simple estates can be wrapped up in a few months; complex estates can take a year or more. You must allow time for creditor claims, tax filings, and court approvals. The court will not issue a final discharge until all duties are completed and the court approves final accounts and distribution.

Practical issues and what can go wrong

• If another heir objects to your appointment, the court will schedule a contested hearing and decide priority or fitness.
• If unknown creditors or claims surface, they can delay final distribution.
• If you mishandle estate funds or breach duties, heirs may petition the court to remove you and seek damages.
• Real estate transfers often require a court order or administration affidavit—expect extra steps if property is involved.

Texas also allows different types of administration (independent versus dependent). Independent administration lets the personal representative act with less court supervision; the court must authorize it under the Estates Code. See Independent Administration: Texas Estates Code, Chapter 401.

When to consider hiring a probate attorney

Consider hiring a probate attorney if:

• There is a dispute among heirs about priority or distribution.
• The estate includes real estate, a business, complex assets, or significant debts.
• You face potential creditor claims or tax issues.
• You want help preparing pleadings, obtaining waivers, or asking the court to waive bond.

Helpful Hints

• Get multiple certified copies of the death certificate; you will need them for banks, insurers, and government agencies.
• Contact the county probate court clerk early — local clerks provide required forms, filing fees, and procedural guidance.
• Gather documents showing your sister’s residence, heirs, asset lists, account statements, deeds, and valuable personal property records.
• Talk to living relatives — signed renunciations or consents from higher-priority heirs can speed your appointment.
• Keep meticulous records of estate receipts, disbursements, and communications — the court and heirs will expect clear accounting.
• Ask the court about bond — sometimes heirs can agree to waive bond or the court can reduce it, saving estate funds.
• If the estate is small and assets pass by beneficiary designation or joint tenancy, full probate may not be necessary—ask the court clerk whether a small estate affidavit or other simplified procedure applies.
• Confirm deadlines for presenting creditor claims and tax filings in your county and for the specific type of administration the court orders.

Useful statute links:

• Texas Estates Code (index)
• Texas Estates Code, Chapter 201 — Intestate Succession
• Texas Estates Code, Chapter 401 — Independent Administration

Final notes

Becoming the administrator is a formal, court-supervised role with significant duties. If you want to serve, start by contacting the probate court in the county where your sister lived, collecting necessary documents, and determining whether any higher-priority heir intends to serve. When in doubt, consult a licensed Texas probate attorney who can review the facts and file the necessary applications correctly.

Disclaimer: This article is educational only and does not create an attorney-client relationship. It is not legal advice. Laws change and specific facts can change how the law applies. For advice about your situation, consult a licensed Texas attorney.