How to get appointed as the estate administrator in Texas when your spouse died intestate

Short answer: In Texas you can ask the probate court in the county where your spouse lived to appoint you as the personal representative (administrator) of the estate even if your spouse left no will and other family members are uncooperative. You do this by filing an application for appointment with the probate court, serving required notice, and attending a hearing. The court will consider legal priority, your fitness, and any objections. If the estate is small or most assets pass outside probate, there may be simpler options.

Detailed answer — step by step under Texas law

1. Understand the legal framework

When someone dies without a valid will (intestate), Texas law governs who inherits and how the estate is administered. The Texas Estates Code and county probate courts control appointment and administration. For the court’s general probate and administration guidance, see the Texas statutes site: https://statutes.capitol.texas.gov/, and the Texas Judicial Branch probate information: https://www.txcourts.gov/programs-services/probate/.

2. Decide whether probate is necessary

Not all property must go through probate. Assets with beneficiary designations (life insurance, retirement accounts), jointly titled property with rights of survivorship, and community property that already vested in the surviving spouse may pass outside probate. If most assets pass outside probate, you may not need to be appointed as administrator. If key assets are titled solely in the decedent’s name, a probate appointment is usually required to transfer or sell them.

3. Check statutory priority and your eligibility

Texas courts generally prefer to appoint a person who is a close family member and who is suitable to serve. The surviving spouse is typically a high-priority person for appointment as administrator. The court will consider whether you are legally qualified (age, mental capacity, not disqualified by law). If other heirs object, the court resolves disputes after hearing evidence.

4. Prepare and file the right paperwork

To begin you (or an attorney) will file an application for appointment of a personal representative (often called an application for letters of administration) in the probate court or county court at law in the county where your spouse lived. Typical filings include:

Application for appointment (naming you as applicant and proposed administrator)
Death certificate
Affidavit or information identifying heirs and next of kin
Proposed orders for appointment and letters

The court clerk can tell you which forms that particular court requires. If you want simplified, free guidance about probate forms and small estate procedures, you may find resources like TexasLawHelp helpful: https://texaslawhelp.org/article/probate-basics.

5. Provide notice

The law requires notice of the application be given to interested persons (heirs and potential heirs). The court sets deadlines for serving notice and for a hearing so objecting parties can appear. If family members are refusing to cooperate or cannot be located, the court has procedures for service by mail or publication—follow the court’s rules to avoid delay.

6. Bail/bond and waivers

The court often requires a bond from the administrator to protect the estate, but in many cases interested heirs (including a surviving spouse) can waive bond in writing and file that waiver with the court. If other heirs refuse to waive bond, the court may require you to post bond or to accept the appointment as a dependent administrator with additional court oversight.

7. Hearings, contests, and uncooperative family members

If family members object to your appointment, the court will decide after a hearing. Courts weigh legal priority (surviving spouse, children, parents), character and fitness, and any potential conflicts of interest. If obstruction is preventing urgent action (for example, risk of asset loss), you can ask the court for temporary relief—such as appointment as temporary administrator or limited emergency authority—while the dispute is litigated.

8. Duties after appointment

If appointed, you will have duties such as taking inventory, notifying creditors, paying valid debts and taxes, and distributing assets according to Texas intestacy rules. If you have independent-administration authority, you can act with fewer court approvals. Otherwise, as a dependent administrator you must ask the court to approve many actions.

9. Alternatives if probate is burdensome

If the estate is small or the only assets are community property or nonprobate assets, you may be able to use simplified procedures (small estate affidavits or transfer affidavits) to collect some assets without formal administration. See TexasLawHelp for small estate procedures: https://texaslawhelp.org/article/small-estates.

What to expect in a typical contested appointment

Filing: You file the application and proposed order with the probate court.
Notice: Interested parties get notice and have a deadline to object.
Hearing: At the hearing, the court hears evidence about who should be appointed.
Order and letters: If the court appoints you, it issues letters of administration and may set terms (bond, supervision level).

When to hire an attorney

You should strongly consider hiring a probate attorney if:

Family members are actively contesting or refusing to cooperate.
Large or complex assets are involved (real estate, business interests).
There are potential creditor claims or tax issues.
You need temporary emergency authority to protect assets.

Helpful hints

Collect records quickly: death certificate, account statements, titles, mortgage and loan records, and any documents that show ownership.
Talk to the court clerk early: county courts handle probate differently—clerks can explain filing requirements and local procedures.
Keep careful records: as administrator you must account for money in and out of the estate.
Ask about bond waivers: if heirs sign a bond waiver, you may avoid the cost of a bond.
Use temporary emergency relief when necessary: courts can appoint a temporary administrator to secure assets if there’s an urgent need.
Consider mediation: if family tensions block appointment, mediation can sometimes resolve disputes faster and cheaper than litigation.
Explore nonprobate transfers: identify any accounts with beneficiaries or joint accounts that transfer automatically to avoid unnecessary probate.

Where to find forms and more information

Probate rules and forms vary by county. Start with:

Texas Statutes and the Estates Code: https://statutes.capitol.texas.gov/
Texas Judicial Branch Probate information: https://www.txcourts.gov/programs-services/probate/
Practical self-help: https://texaslawhelp.org/article/probate-basics and https://texaslawhelp.org/article/small-estates

Final note: This article explains general Texas procedures for getting appointed as an administrator when a spouse dies intestate. It is educational only and not legal advice. Laws change and each case depends on specific facts. For assistance tailored to your situation, consider consulting a Texas probate attorney.