Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Texas for guidance on your specific situation.
Detailed Answer
Step 1: Appoint a Personal Representative
To begin estate administration, an interested party (often the nominated executor or an heir) files an application with the Texas probate court to open the estate. If the decedent left a valid will, the court issues letters testamentary to the executor. If there is no will, the court appoints an administrator and issues letters of administration. See Texas Estates Code §401.001 et seq.
Step 2: Locate and Secure Assets
The personal representative must identify all estate property, including bank accounts, real estate, investments, business interests, and personal items. Common methods include:
- Reviewing the decedent’s safe deposit box and filing cabinets.
- Contacting financial institutions for account histories.
- Searching public records for real estate and vehicle titles.
- Interviewing family members and employers.
Step 3: Notify Beneficiaries and Creditors
Within 30 days of appointment, the personal representative must mail written notice to known creditors and publish notice in a local newspaper. Creditors then have four months to file claims against the estate. See Texas Estates Code §355.101 (Creditors’ Claims).
Step 4: Inventory and Appraisement
The personal representative must file a detailed inventory, appraisement, and list of claims with the court within 90 days of appointment. This document records each asset’s description and value as of the date of death. See Texas Estates Code §309.051.
Step 5: Pay Debts, Taxes, and Expenses
After verifying claims, the personal representative must use estate assets to pay valid debts, funeral expenses, administrative costs, and any estate taxes. Prioritize payments in the order specified by the Estates Code. If assets are insufficient, notify the court to request guidance.
Step 6: Distribute Remaining Assets
Once debts and expenses are settled, the representative can distribute the remaining property according to the will. If there is no will, distribution follows Texas’s intestacy laws under Estates Code Chapter 201. The representative must file a final accounting and a distribution report with the court for approval before closing the estate.
Helpful Hints
- Keep detailed records of all communications, receipts, and transactions.
- Meet all statutory deadlines to avoid personal liability.
- Use certified mail for creditor notices to confirm delivery.
- Obtain professional appraisals for real estate and unique assets.
- Consult a probate attorney to navigate complex estates or family disputes.