Legal Question in Wills and Trusts in Texas

Re: How to set up an Estate when no will exists

When no will exists, you will need to apply to the court with a petition to determine heirship and appoint an administrator. The court will be a probate court in larger counties and may be a county court in smaller counties. You will need to apply in the county where the decedent last lived or where he owned property. In addition to your own attorney, a separate attorney must be appointed to represent any unknown heirs and to report to the court after investigation as to the identity of all known heirs. Probate court is a very strict, letter-of-the-law place, and you should definitely hire an attorney to help you through this complicated procedure. The applicant is responsible for preparing testimony to support the application. The courts usually expect you to write all orders that you want the judge to sign, and you will be expected to file an inventory of the estate after you are appointed as adminstrator. Feel free to call my office for an appointment if you would like me to help.

Re: How to set up an Estate when no will exists

I'm sorry to hear of your loss. As for your issue, you need to make an application to the appropriate court. (The appropriate court depends on where the deceased lived or had property, and the courts available in that county.) The application should contain information about the estate, your relation to the deceased, and the fact that all heirs of the estate agree to your acting as the administrator. I strongly recommend you get a lawyer close to the county in which the deceased lived or has property. Administration of an estate is something you shouldn't try to do without good counsel.