When someone dies without a will in Texas, letters of administration allow a court-appointed administrator to manage the decedent’s estate. You must file specific documents with the county probate court to begin this process.
Disclaimer: This article provides educational information only and is not legal advice.
Detailed Answer
Under Texas Estates Code Section 53.002, the court issues letters of administration when a person dies intestate (without a valid will). You file a Petition for Letters of Administration in the probate court of the county where the decedent resided. Below is a breakdown of the core documentation requirements:
- Petition for Letters of Administration
Use the official probate application form from the local county clerk’s office. The petition must include the decedent’s name, date of death, last address, estimated estate value, and the petitioner’s relationship to the decedent. (See Tex. Est. Code § 53.002.) - Certified Death Certificate
Obtain a certified copy of the death certificate from the Texas Department of State Health Services. This verifies the decedent’s death and date. - Notice to Heirs and Creditors
Prepare, file, and serve notices to all known heirs and creditors per Texas Estates Code Chapter 308 to protect the estate from undiscovered claims. - Oath of the Administrator
Sign the oath pledging to faithfully discharge your duties under Section 401.052 of the Texas Estates Code. - Administrator’s Bond
If ordered by the court, file a bond ensuring the faithful performance of your duties. Bond requirements appear in Texas Estates Code Chapter 305. - Affidavit of Heirship (if real property exists)
When the estate includes real property and no will exists, file an affidavit of heirship under Chapter 202 to establish legal heirs. - Inventory and Appraisement
Within 90 days of your appointment, file an inventory and appraisement of the estate’s assets as required by Section 309.052. - Filing Fees
Pay the county-specific probate filing fees. Contact your county clerk for the current fee schedule.
Helpful Hints
- Visit your county probate court’s website to download standardized forms and fee schedules.
- Verify all names, dates, and addresses to avoid processing delays.
- Order multiple certified death certificates—you’ll need them for banks, insurers, and other agencies.
- Track service deadlines for creditor and heir notices; missing a deadline can delay the probate process.
- Keep certified copies of all filings in case you must resubmit documents.