How do I Open an Administration of Estate?
An “administrator” is a term that is typically used to describe a person who will oversee an estate when there is no executor named in the descendant’s last will and testament. There can be various reasons why an estate might not have an executor. For example, there may not have been a will left by the descendant, or a will was left but it failed to name an executor or the person named is no longer able to serve.
In order to establish who will inherit the estate in such cases, a series of administration proceedings will occur. These proceedings vary by state, but in Texas, you will have to file an application to appoint an administrator, and a declaration of heirship may be required.
To open an administration of estate in Texas, an attorney must be retained to represent the applicant who must consider various issues.
WHERE TO FILE
Is an estate has not been opened, it should almost always be opened in the county where the decedent resided at the time of death.
GATHER THE FACTS
Begin gathering everything you need to file the petition of administration. This includes: an estimate of the values of the personal property and real estate owned by the deceased, a death certificate (as well as a copy), your own identification, and a list of relatives and heirs of the deceased.
FILE AN APPLICATION
The attorney prepares the application in the appropriate manner making all of the required allegations.
NOTICES
Based on the case, various persons will be served or notified of the proceedings. An application will not be granted unless the court is assured that notice and/or service to all the people required by the Texas Estates Code have been served.
HEARING
Your application will be set for hearing before the Probate Judge. Texas is a state that allows for Independent Administration – this means that if your application is approved, you may be able to administer the estate without significant court involvement. This is potentially a huge costs savings. In many states, independent administration is never available if there is no will.