Detailed Answer

If your sibling died without a will (intestate) in Texas and you want to be the person in charge of settling their estate, you must ask the probate court to appoint you as the estate’s personal representative (often called an administrator or independent administrator). Texas law sets who may be appointed, the order of priority among interested persons, what the court will consider, and what paperwork and court steps are required.

Who can be appointed and the typical priority

Texas gives priority for appointment to certain people who are closest to the decedent. In general order, priority usually runs to:

• the surviving spouse,
• an adult child of the decedent,
• a parent of the decedent,
• a brother or sister (your position if you are a sibling),
• other heirs or next of kin.

If someone with higher priority (for example, the surviving spouse) files a proper application, the court will normally appoint that person. If no one with higher priority seeks appointment, a sibling may be appointed.

Basic steps to qualify and be appointed

1. Confirm that probate is needed. Not all assets require probate. Some property passes outside probate (joint accounts with rights of survivorship, payable-on-death accounts, life insurance with a designated beneficiary). Texas also provides certain small‑estate procedures for collecting limited property without full probate.
2. File an Application for Probate (Application to Open an Estate or application for Letters of Administration) in the county probate court where the decedent lived. The court will require a certified copy of the death certificate.
3. Provide notice. The court will require notice to heirs and certain interested persons so they know someone seeks appointment. If no one objects, the process is usually straightforward.
4. Establish your priority and fitness. You will submit information showing your relationship to the decedent (e.g., that you are a sibling) and that there is no one with higher priority seeking appointment. The court reviews whether you are eligible (for example, age and mental capacity) and whether you have any legal disqualifications (some felony convictions or other statutory bars may matter).
5. Oath and bond. The court will require that you take an oath and, unless the court waives the bond or you are appointed as an independent administrator with bond required or waived as allowed by statute, post a bond to protect estate creditors and heirs. In many estates, heirs can agree to waive bond; the judge may also waive bond in appropriate situations.
6. Receive letters. If the court approves your application, it will issue Letters Testamentary or Letters of Administration (the formal court document authorizing you to act for the estate). With those letters you can collect assets, pay debts, and distribute property under Texas intestacy law.

How the court decides when heirs disagree

If more than one eligible person applies, the court decides by looking at statutory priority, the applicants’ fitness to serve, and whether appointment will be in the best interest of creditors and heirs. If someone objects, the court may hold a hearing and decide who should serve. You should be prepared to explain why your appointment is appropriate.

Timing, costs, and common issues

• Timing: The initial paperwork and appointment process can be quick if the estate is simple and no one objects. Contested appointments or complicated estates take longer.
• Costs: Filing fees, bond premiums, and attorney fees (if you hire a lawyer) are common expenses. The estate typically pays these costs out of estate funds.
• Residency: You do not always have to live in the same county as the decedent, but you must apply in the correct county (usually where the decedent was domiciled). Some courts have local requirements—check with the county probate court.

Where to find the governing law

Texas’s rules on estate administration and appointment of personal representatives are in the Texas Estates Code and related probate statutes and court rules. For the statutory text and detailed provisions, see the Texas statutes website: Texas Statutes (Estates Code). Probate clerks, the county court, and the Texas State Law Library also provide practical guidance about local practice and forms.

Example (hypothetical)

Hypothetical: Your sister dies in Travis County without a will, leaving no spouse or children. You (one of two surviving siblings) want to administer the estate. You would:

1. Contact the Travis County probate clerk to confirm local filing steps and fees.
2. File an Application for Probate / Letters of Administration with a certified death certificate.
3. Provide notice to the other sibling and any other heirs. If the other sibling does not object, the court likely appoints you (subject to bond and oath requirements) and issues Letters of Administration so you can collect assets and begin settlement.

Helpful Hints

• Start by contacting the county probate clerk where your sibling lived. Clerks provide filing requirements, local forms, and fee schedules.
• Obtain multiple certified copies of the death certificate early — you will need them to close accounts and transfer assets.
• Gather a list of likely heirs and next of kin before filing so you can give proper notice to the court and interested parties.
• If the estate is small, ask the clerk about simplified or small‑estate procedures that can avoid a full probate administration.
• If other relatives may contest your appointment, consider consulting a probate attorney to help gather documentation, represent you in court, and explain bond options.
• Keep careful records and communicate with heirs. Good recordkeeping reduces disputes and eases final distribution.
• Remember that being an administrator is a fiduciary duty. You must act in the estate’s and heirs’ best interests, follow court orders, and properly account for estate assets.

Important: This article explains general Texas probate concepts and common steps to seek appointment as an administrator after an intestate death. It is not legal advice. Rules and forms vary by county and by the exact circumstances of the estate. If you need advice about your specific situation, consult a licensed Texas probate attorney or contact the county probate clerk for local procedures.