281-771-0560Letters of Administration Attorneys in Houston Helping When a Loved One Dies Without a Will
When a loved one dies without a will, it can certainly complicate things for you and your family members in trying to sort out their estate. This can cause strife with other family members and added stress when dealing with the probate court system, which can be a drain on time and financial resources. Without clear guidance from the decedent, the entire process becomes even more difficult and has the potential to become volatile, leading to disputes among the potential heirs.
The one step you can take to possibly change the course of a challenging situation is to gain approval from the court to become the personal representative of the estate by applying for Letters of Administration. Our probate attorneys can help you file to become the executor or administrator of your loved one’s estate. If there is an urgent need to protect the estate, we can assist with seeking temporary emergency administration orders.
We help you through the pre- and post-approval process step by step while also providing legal guidance and support as you handle and manage the responsibilities inherent to your executor role.
The representative of an estate has many important and valuable duties—and we recognize that. The Hatchett Law Firm plays an instrumental role in informing personal representatives of their duties and guiding them through the key responsibilities and steps of managing and administering an estate.
What Does an Administrator Do?
When someone passes away with a will, the named executor in the will is the person appointed by the probate court to manage and oversee the administration of an estate when a loved one has passed away. The executor named in the will has a vital role in ensuring the decedent’s estate is properly managed, and their assets are distributed according to the decedent’s final wishes.
When someone dies without a valid will, or intestate, the probate court appoints an administrator, usually a close relative or someone the heirs can agree on. Unlike an executor, who is named in the deceased person’s will, an administrator must be appointed by the court to carry out the decedent’s final wishes according to the Texas intestate succession laws.
The administrator takes on the task of managing the deceased person’s estate and eventually distributing any remaining assets to their heirs. Below are some of the responsibilities an administrator can expect to do:
Gathering and Managing Assets
The administrator will need to take inventory of the estate assets, including real estate, personal property, bank accounts, and anything else of value. They will need to assess the value of these assets and ensure they are safely managed during the probate process.
Paying Debts
Administrators will need to locate or respond to any creditors with debts that need to be settled from the estate. This can include credit card bills, mortgages, loans, and possibly funeral expenses and legal fees. The debts will be paid using assets from the decedent’s estate.
Notify Family Members and Heirs
One of the first tasks you must complete as a personal representative is notifying the family members and heirs of the deceased person’s death and the probate proceedings. This step ensures the estate is handled with transparency and keeps all parties on the same page.
File Final Tax Returns
The decedent’s federal and state tax returns, including final income tax returns, should be filed. The personal representative will also need to pay any estate taxes when applicable.
Final Distribution
Once all debts owed by the estate are settled, the administrator will then distribute the remaining assets to the deceased person’s heirs in accordance with Texas’s intestate succession laws. This process demands careful attention to ensure all heirs receive their fair share.
As you can see, the administrator of a will has many responsibilities, and the estate administration process is lengthy and complex. Each task can be rather time-consuming, including petitioning the court for letters of administration. You will need to pay attention to detail and have a deep understanding of the probate process, and you will have access to and handle very sensitive information.
At The Hatchett Law Firm, we are dedicated to guiding you through each step of the process, ensuring the estate is properly managed, and fulfilling your duties as the administrator in total compliance with Texas law.
What is a Letter of Administration?
A Letter of Administration, sometimes also commonly referred to as a “Letters,” is a legal document that the person appointed by the court can use to become executor of a loved one’s estate if that person dies without naming an executor in a will. Letters of administration allow the personal representative to access sensitive information regarding the deceased person’s property and affairs. They will also allow the personal representative to file for a death certificate, which can help them close the deceased person’s accounts.
If you’ve also heard of Letters Testamentary, that legal course of action should not be confused with Letters of Administration, as Letters Testamentary can only be issued for persons named as Executors in a will.
If you have an interest in managing your loved one’s estate and you are a legal heir, our probate attorneys with The Hatchett Law Firm can help you:
- File a Determination of Heirship to legally prove you’re a rightful heir of the decedent
- Apply for a Letters of Administration, which is used when a decedent does not have a will and serves as a legal document to grant an individual permission to access and manage an estate
In the case of any person applying for letters of administration, determinations of heirship, and guardianship of the person or estate, you must have legal representation.
Speak with a member of our experienced and compassionate probate team at The Hatchett Law Firm: (281) 771-0560. We can help you troubleshoot probate and work through estate issues.
How Can You File to Be an Independent Administrator?
A will is an important tool in responsible financial management. It protects your family’s future, and with the help of an executor, it also provides a roadmap for how assets are distributed, and debts and bills are paid off, among other important decisions.
During the will planning process, you designate an executor. However, in the event a person passes away without a will, there is no executor, and therefore, no one has the legal authority to close the deceased’s estate. In that event, the probate court will step in to assign a person this responsibility, or you can choose to work with our Letters of Administration lawyers to file for Administration and the issuance of Letters of Administration, including completing the related process in order to file.
To file to be an executor, you must:
- Determine priority for your appointment: After a surviving spouse or any children, probate rules will determine if you qualify to be an executor. In Texas, you cannot be a non-resident or convicted of any felony.
- Receive written waivers from other candidates: You must get written permission from other family members first.
- File the Application: You must provide general facts concerning the decedent, the estate, and information about the decedent’s heirs.
- Allow for Completion of Investigation by Attorney Ad Litem: In every case involving the determination of heirs, the court will appoint an attorney to investigate the facts concerning the existence of a will and the actual heirs of the decedent’s estate.
- Attend the probate hearing: Attend a probate hearing if required and secure a probate bond.
There are several steps to consider when you file to be appointed to handle an estate, including obtaining Letters of Administration if there is no will in place.
If you are a legal heir of the decedent and have an interest in being an administrator when your loved one has no will, contact our experienced and compassionate probate attorneys at The Hatchett Law Firm for legal guidance, support, and possible solutions: (281) 771-0560.
Why Should You Call Us for Help to Obtain Letters of Administration?
There are several implications of not having a will. You don’t get to appoint guardians for your children, outline your final wishes, or ensure you’re cared for in the event of a terminal condition or unexpected accident, among many other things.
We like to emphasize our ability to litigate serious legal matters in probate court and guardianship matters. We specialize in probate and guardianship litigation, and we get results for clients when they need them most.
On the other hand, when effective action is what you need, our skilled team of probate attorneys with knowledge of the determination of heirship, affidavit of heirship, and letters of administration is at the ready to help you move forward in the best interest of your situation.
Whether executor or administrator, we can help you:
- File for probate with the proper court
- Notify interested parties like banks, creditors, and other potential heirs and family members
- Stand alongside you in court and against other parties as required
The Hatchett Law Firm and its team of seasoned and compassionate attorneys always prioritize families. Call (281) 771-0560 to speak with a member of our team today.