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What is the process for appointing an administrator for an estate without a will in Texas?

When you are ready to apply for probate, you will have to file a Petition for Probate with the district court in the country where the deceased lived and give notice to all interested parties.

You can do this by publishing a notice in a newspaper or by mailing notice to all interested parties. The petition must include:

  1. The decedent’s name, date of death, and county of residence
  2. The name, address, and relationship of the person who is applying for probate (the “executor” or “administrator”)
  3. A list of the decedent’s heirs and beneficiaries
  4. A statement that indicates whether the decedent left a will and, if so, where it is located
  5. A certified copy of the death certificate

After you give notice, the interested parties have 30 days to file an objection if they wish. After filing the petition, the court will issue Letters Testamentary (if there is a will) or Letters of Administration (if there is no will), which appoints the executor or administrator and gives him or her the authority to act on behalf of the estate. Any interested party can file a petition asking to be appointed executor of the estate if there is no will.

The executor or administrator must inform all parties, including creditors and beneficiaries, of their appointment and advise them to direct all questions to him or her.

Dana Baker, Esq.

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