Applying for Letters of Administration in Texas

Losing a loved one is never easy, and dealing with their estate can be overwhelming. If your family member passed away in Texas without a valid will, the probate court may require you to apply for Letters of Administration. These give you the legal authority to handle the deceased’s financial affairs, like paying debts, collecting assets, and distributing assets to rightful heirs.

What Are Letters of Administration?

When someone dies without a will, no one is officially appointed by them to handle their estate. That’s where Letters of Administration (“Letters”) come in. A Texas probate court issues these letters and gives a qualified person the legal authority to access the deceased’s bank accounts, pay off valid debts, handle taxes, transfer property titles, and distribute remaining assets to heirs. Roadblocks with banks, insurance companies, and title offices might be encountered without the Letters issued by a court.

Who Can Apply?

Texas law prioritizes close relatives when it comes to appointing an administrator. Eligible individuals typically include surviving spouses, adult children, parents, and siblings. The court may appoint a public administrator or another qualified individual if no close family is available.

Step 1: Determine If Probate Is Necessary

Not every estate requires probate. You should first review what the deceased owned and how those assets were titled. Assets that may avoid probate include jointly owned property with rights of survivorship, life insurance or retirement accounts with named beneficiaries, and payable-on-death bank accounts. If the estate is small and meets certain conditions, you could file a Small Estate Affidavit instead of going through the probate process. If the estate is larger, includes real estate, or has debts to resolve, you must apply for Letters of Administration.

Step 2: Choose the Correct Court

In Texas, probate matters are handled at the county level, usually in the probate or county court where the deceased resided. Each county may have slightly different local rules, but the general process is the same statewide.

Step 3: Hire a Probate Attorney

While in limited situations, it is possible to represent yourself, most Texas probate courts require that an attorney represent applicants. An attorney will prepare and file the application correctly, represent you in court hearings, help identify and notify heirs, assist with legal notices and deadlines, and guide you through inventory and distribution. This support is especially valuable if there are complex assets or potential disputes among family members.

Step 4: File the Application

Once you have an attorney, the next step is to file a formal Application for Letters of Administration. The application must include the deceased’s name, the date of death, the county of residence, a statement confirming there is no will, and a request for the court to appoint an administrator. A minimum 10-day waiting period begins once the application is filed. This allows time for public notice and provides an opportunity for anyone with objections to speak up.  Practically speaking, hearings are not held for several weeks or months.

Step 5: Notify Interested Parties

Your attorney will notify heirs, creditors of the estate, and other interested parties after the application is filed. Many counties require that a notice of the application be posted at the courthouse during the 10-day waiting period. This step helps protect rights and ensures transparency in the probate process.

Step 6: Attend the Probate Hearing

A probate hearing will be scheduled after the mandatory notice requirements are met. At the hearing, you must prove the person died without a will. You are also required to demonstrate that you are qualified to serve as administrator and swear to carry out your duties honestly. If the judge agrees, they will issue an Order Appointing Administrator and often require that you post a bond which is insurance that protects the estate in case of mismanagement.

Step 7: Receive the Letters of Administration

Once the court order is signed and the bond is filed, the clerk of the court will issue the official Letters of Administration. These documents are usually issued in multiple certified copies, which you’ll need to access bank accounts, transfer vehicle titles, deal with real estate or insurance policies, file tax returns, and pay outstanding bills. These letters are your legal proof that you have the authority to act on behalf of the estate.

Step 8: Inventory the Estate

Texas law requires that you file an inventory, appraisement, and list of claims within 90 days of your appointment. A complete list of assets owned by the deceased, estimated values for each asset, and any debts owed to or by the estate must be submitted. This step is critical. Failure to file it properly can result in penalties or removal as administrator.

Step 9: Manage the Estate

Once you have Letters of Administration and have filed the inventory, your main job is to manage and protect the estate. This includes paying valid debts and taxes, keeping records of all transactions, maintaining property until it can be sold or transferred, and communicating with heirs and beneficiaries. You’re held to a legal standard called a fiduciary duty, meaning you must act in the estate’s best interest, not your own.

Step 10: Distribute the Assets and Close the Estate

Once debts and expenses are paid and all legal requirements are met, the remaining assets will be distributed to the heirs. Your attorney will help you prepare a final accounting and ask the court to close the estate. Once the court approves everything, your duties are complete.

No Will? No Problem. The Hatchett Law Firm Guides You Through the Process.

Managing their estate can feel overwhelming when someone passes away without a will in Texas. At The Hatchett Law Firm, we help families apply for Letters of Administration. We know this is a tough time. Let us take the legal burden off your shoulders. Call 281-771-0560 to speak with our probate case specialists.